❴Epub❵ ➝ Eve Was Framed: Women And British Justice Author Helena Kennedy – Transportjobsite.co.uk

Eve Was Framed: Women And British Justice files Eve Was Framed: Women And British Justice, read online Eve Was Framed: Women And British Justice, free Eve Was Framed: Women And British Justice, free Eve Was Framed: Women And British Justice, Eve Was Framed: Women And British Justice 2eb7335d0 Eve Was Framed Offers An Impassioned, Personal Critique Of The British Legal System Helena Kennedy Focuses On The Treatment Of Women In Our Courts At The Prejudices Of Judges, The Misconceptions Of Jurors, The Labyrinths Of Court Procedures And The Influence Of The Media But The Inequities She Uncovers Could Apply Equally To Any Disadvantaged Group To Those Whose Cases Are Subtly Affected By Race, Class Poverty Or Politics, Or Who Are Burdened, Even Before They Appear In Court, By Misleading Stereotypes

10 thoughts on “Eve Was Framed: Women And British Justice

  1. says:

    Treating equally those who are unequal creates further inequalityHelena Kennedy is a barrister working in criminal law, and she sees in the current spate of miscarriages of justice coming to light an opportunity for radical reform in the courts except it s 1992 I need a sequel to this book I should read her recent work to see what happened next She certainly creates a mood of drama and urgency here.Kennedy or less fell into the law and the training for the Bar could only have been less hospitable to her if she hadn t been white At the Inns of Court, she describes an overwhelmingly male and overtly misogynistic environment steeped in bizarre ritual The percentage of women in the profession was small and confined to the lower ranks, with hardly any women ascending to the bench becoming judges The statistics were even dire for people of colour whether female or male.Ancient, alienating tradition continues into the courtroom, with wigs, robes and pompous jargon designed to make the defendant feel uncomfortable.But some defendants feel uncomfortable than others The further you are from being white, male, middle class, highly educated and professional, the terrifying this environment is going to be.Most of this book concerns how stereotypes about women operate in the law, particularly in criminal justice These can be exploited by one side or the other women willing and able to present themselves as virtuous and devoted wives and mothers will be smiled on by the court especially if white Women are considered to be family glue rather than actual humans in 1991 a retired Appeal Court judge explained that if it were open to wives to bring prosecutions against rape, albeit against a background of domestic violence, it would prohibit any chance of rehabilitation of the marriage and would have a deleterious effect on children as though rape itself, rather than the prosecution, might not already have had that effect Precisely these arguments about irreparable damage to the family have been used to counter the introduction of every piece of reforming legislation for the benefit of women in the last hundred years.Far from protecting women from it, the law has historically sanctioned the abuse of women within marriage as an aspect of the husband s ownership of his wife and the right to chastise her with a stick no thicker than his thumb women risk being condemned by popular mythology about domestic violence either she was not as badly beaten as she claims, or she must have stayed out of some masochistic enjoyment of it Kennedy argues that expert testimony from psychiatrists is needed to prevent the fallback to stereotypes in cases of intimate partner abuse as many people on juries have little understanding of how women are affected by such violence, and cannot make sense of their behaviour She notes that psychiatry tends to be treated with derision, yet women are usually cast as mad rather than bad , not in control of their own actions While this is problematic, Kennedy points out that the majority of women in the CJS have been subjected to criminal behaviour than they have been responsible for studies consistenly show that most women offenders are abuse victims.Marital rape became legally possible in the UK in um 1991 before which the marriage contract was taken to include the right to sex any time for men Kennedy says that rape jokes used to be constant at legal dinners The gross acceptability of rape in our culture unless a woman is leapt upon in an alley by a stranger with a knife is leveraged to the full by defendants Victims have no representation in court Very often, women cannot win Signs of a struggle are brushed off by defendants as signs of vigorous sex play, while lack of such signs as proof that it wasn t rape at all, even though women are advised not to struggle in order to prevent further, potentially fatal, violence not an unfounded fear as countless cases show Women who kill their husbands after years of horrific abuse can rarely successfully argue that they acted in self defense or were provoked unless they were actually being physically attacked at the time The courts are harsh on these women, Kennedy finds, while treating men who kill nagging wives leniently Juries are instructed to compare the behaviour of defendants to that of a reasonable man , an absurdity which surely hampers the defence of women what constitutes provocation must be inflected by power structures including gender.When Kennedy says it s not just women she ought to say it s not just white women the mixed gender composition of other groups tends to get lost in writing by white feminists But Kennedy is better than most on this, tracing not only how black men fare badly in the CJS and how it affects their families, and how stereotypes about Afro Caribbean, Asian and other minoritised women are played out in the courts, but how race forms a barrier for lawyers, and how it affects defendants experiences Constructions of femininity that may hinder or help white women are usually weaponised against black women The writer Ann Oakley has pointed out that the dividing line between what is masculine and what is criminal is at times a thin one assertiveness and independence are seen as exclusively male characteristics, and when displayed by young black women are seen as indicative of trouble She meanders through the her arguments there are so many cases to make, so many pieces of evidence, that there is no time to cycle back, yet points of confluence are returned to again and again, theme and variation, not for the sake of repetition, but by chance each fact has resonance in many themes The only chapter I really struggled to read was about serial killers Kennedy s penchant for psychological explanation here reminded me of Joan Smith s work, but Kennedy is much restrained, and never speculative The acuity of her analysis is clear in its congruence with women s lived experience.I am no proponent of Law Order I am an anarcha feminist and I believe in alternatives to criminalisation and especially imprisonment, which I am learning to understand as an extension of colonisation But I find little to disagree with in Kennedy s writing I don t know which, if any, of her suggested reforms have been enacted, but I m especially interested in her argument for a Bill of Rights in the UK Still no sign of that one.

  2. says:

    This book is so important Not only does it tackle women s issues brilliantly, but it never fails to keep in mind that class and race are also major factors in women s discriminations I d highly, highly recommend it to everyone especially white men.

  3. says:

    A fascinating look at the way in which the legal system is institutionally sexist and the impact that has on the women who pass through it Kennedy shares her own experience of coming up as one of the few female barristers and the ways in which archaic traditions are limiting the pipeline of female lawyers who could become tomorrow s judges and thus the system is perpetuated.More troubling is the impact this lack of representation has on the women who are either victims of crimes particularly disproportionately gendered ones such as domestic or sexual violence or charged with crimes, and their ability to access fair treatment Even if we exclude the men on the bench who are out and out misogynists, there s a fundamental issue of lack of understanding in those that remain Police, lawyers and judges still have difficulties in abandoning their stereotype of the abused woman as someone who is submissive and cowed When the woman appears competent or has a bit of gumption or if she seems to be materially well off, there is a failure of the imagination as to how she could be victimised Lawyers still say of a battered woman She is a middle class woman It is not as though she could not afford alternative accommodation As a survivor myself I found the sections about sexual violence particularly illuminating and infuriating There is still a troubling, largely unconscious, perception that entitlement to a woman s body is something that can be debated Here is a quote from the House of Lords during the reading debate of the Sexual Offences Act Viscount Bledisloe chose an unfortunate but telling example from which to draw the principle If I am accused of stealing your property, it is a defence if I show an honest belief that I had a claim of right to that property That is the general test of the criminal law While Bledisloe would, no doubt, have claimed that this was an innocent metaphor, it s problematic that the idea of property is the first analogy a man can reach for in a conversation about rape, given the history of women once being the legal property of their fathers or their husbands More frustrating is the idea that a reasonable defence would be an honest belief of entitlement, and demonstrates how the law is still not fit for purpose when it comes to sexual violence This is unlikely to improve while the mechanisms of amending existing and introducing new laws is so dominated by affluent, white, cishet, non disabled men i.e the group who are far likely to be the perpetrators than the survivors of this particular crime Kennedy does a reasonable job of looking at this issue through a intersectional lens, particularly in terms of race and class I found her analysis of the perception of black women in court particularly interesting, and this was again contextualised in the total lack of racial diversity in the legal systems However, I also recognise as a white middle class woman myself, there may well have been gaps problematic elements that I missed Sexuality was briefly referenced, but there was no reference to the complexities of gender in terms of trans and non binary people s experiences, or to the experiences of disabled women who are also disproportionately likely to experience violence I also found the constant references to battered women very uncomfortable, but I also appreciate that this book was written in the 90s when the term was commonly used I d be interested to see if she s dropped that term in her recent follow up Eve Was Shamed How British Justice is Failing Women.Overall, a very interesting book and a much needed female perspective on how the justice system impacts women It is quite academic in nature, so it was quite a slow read for me As such, I would give it 3.5 stars, rounded up here as I believe it has a lot to offer even if the reading experience wasn t always easy.

  4. says:

    What is the gender of the partner most often beaten in a relationship What is the gender of those most often sexually violated When we hear a body has been found, someone killed in a park by a stranger, what sex is the victim The gender nature of certain crimes and their victims and the gendered nature of so much law, because it is usually administered by men, is still insufficiently recognized or discussed In this book, Kennedy illustrates the difficulty women encounter when trying to navigate the British antiquated court systems.The book opens with the mysterious description of the Inns of Court, and of the many obstacles encountered by women who aspire with be barristers One such example is how a woman should dress in court, since any revealing aspects skirts, shirts would lead to unfair evaluation of the two parties Woman also participate in less interstices of the law the circuit dinners, and cricket matches, the gold, the wine committees, due to their commitment to children Therefore, they know fewer judges socially and will not be championed in their career rise in the same way that men are Helena Kennedy argues that women should be present in evert level of law this is because jurists are human beings, and, as such, are informed and influenced by their backgrounds, community and experiences For many reasons, women have difference experiences than men Hence, with a balanced gender in law, the judgements can be fairer.Majority of the text is devoted to the stereotyping imposed on women in courts, whether they appear as defendants unnatural viragos , plaintiffs probably asked for it , or witnesses notoriously unreliable Far fewer women actually get prosecuted, but those that do, suffer harsher sentences than their male counterparts for equivalent crimes In the midst of this, the court does not take into account other aspects such as depriving children of a mother and the condition of the woman in jail What is great about this book is that there are numerous real life examples and cases given, allowing a greater insight to Kennedy s statements.This book allowed me to realize the inadequacies of law It is really not as simple as the fact that law is sexist the problem runs deeper and the solution is beyond complicated As Mary Robinson, the former President of ireland and an eminent human rights lawyer, has said If we are to go forward we need to look at attitudes and the language which expresses attitude If we are to strike a balance, if we are to readjust participation and enrich our society with dialogue, we have to revise this way of thinking.

  5. says:

    I don t usually read non fiction I find it dull and boring, and only really read it out of necessity But in this book I found a kind of compromise While it does tell you facts and figures and is detailed in its evidence, it also tells stories of the authors experience and narrates courtroom drama in a way that keeps you interested in what Kennedy is trying to tell you.And on that subject, what she is trying to tell you is perfectly argued This novel might be slightly out of date in its citing of laws passed ten years ago, especially when legal precedent is constantly changing, but generally, what was true then is still true now unfortunately While it doesn t take into account recent improvements in legal training and police handling of many legal cases, it pretty much sums up the poor treatment women experience in the British Justice system in a succinct and entertaining way If you re afraid this book will just paint women as victims, as Eves who have been framed, don t be She incriminates women as much as men and talks an equal share about female criminals as she does about female victims But being a feminist reading of the law, she obviously also discusses how female criminals are vilified far than men for committing a crime, a masculine act which involves transgressing the boundaries of what is expected of women in society The way she handles sensitive topics such as rape, domestic violence, infanticide, prostitution, etc is skilful and her eloquent argument against the Chivalry Theory changed the misconceptions I had about women being treated gently than men in our legal system She also tackles the prison system, and how many women are sentenced to imprisonment for minor crimes for which a man would not be Her attack on double standards is witty and intelligent, and only made me fall further in love with her and her writing.Her final questioning of whether we want equality with men or to be treated fairly, and her discussion of the vast difference between these two approaches was fascinating Her resounding conclusion was we must demand fairness, and that different but equal treatment of men and women will lead to the same outcome, a fair one Finally the way she uses language that can be deciphered by those without a legal mind means I will suggest it to everyone who has an interest in law, feminism, politics or current affairs it is a brilliant, easy and emotive read.

  6. says:

    If I were to discuss the book purely based on its content, I d reach the harsh conclusion that it could have been better That s not to say the book is not worth reading since it contains its than fair share of inside stories , analysis and theoretical accounts

    But I found myself reading some sentences twice due to the absurdity of some of Kennedy s allegations It is not enough to say no Men hear a challenge to their masculinity in the sound As a person who has read widely on the topic of feminism, I can say that there are far complex articles or books that don t include such radical opinions and still have a point Because, honestly, we cannot argue that all men react in the same way to the same event, especially when talking about their feelings Kennedy seems to want to make topics like men and psychology seem easy when, in fact, they re not

    However, I can understand why Helena Kennedy would want to write extra back in 2005, when the book was released, feminism was not as prevalent as it is today so I gather it took a lot convincing to make people believe that our society faces some issues After all, most of the people are into feminism nowadays because the subject is popular And rightly so But this means that we should admire even people like Helena Kennedy who dared to bring up crucial topics like feminism when such issues were not nearly as popular as they are today

  7. says:

    Helena Kennedy s 1993 book Eve was Framed is to my knowledge not in print any, but it s worth getting a copy second hand if you can.The text looks at the experience of women in the British justice system, each chapter covering a specific topic including the experience of female lawyers, rape and domestic violence, the impact of race on the experience of female defendants, and the law of manslaughter and how it s applied to the different genders.Kennedy s book is 25 years old yet still seems painfully relevant today Expect an easy to follow, concise look at plenty of the issues facing women both practising Law and experiencing criminal justice as either defendants, victims or witnesses Enjoyed.

  8. says:

    The symbol of justice may be a woman, but why should we settle for a symbol It s a sobering fact that although Helena Kennedy s book was first published in 1992, every word is still relevant today This is a concise, well crafted look at women and the justice system Using her own experience and expertise, Kennedy reflects on how women often fail to find justice or fair treatment when it comes to the criminal law in the UK This book is intersectional and touches upon race and sexuality Kennedy doesn t get into academic feminism but this a good grounder for anyone looking to read The topics covered include prisoners, the legal profession and rape trials.

  9. says:

    Incredibly clear sighted analysis of the state of the British legal system in relation to women in the early 90s Shocked at some of the arguments I read surrounding why rape in marriage shouldn t have been made a crime at that time we should feel ashamed at how long it took us to change the law in this area.Happy to see that many of Kennedy s suggestions for reform have been taken up, albeit a decade or 2 late Would love to read an update from this woman on her current views of the system and it s issues.

  10. says:

    Apart from a slight overdependence on statistics, this is fantastic outraged and eloquent and clever Essential reading.

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