Misjustice: How British Law is Failing Women

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Misjustice: How British Law is Failing Women

Misjustice: How British Law is Failing Women

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The Criminal Appeal (Scotland) Act 1927 increased the jurisdiction of the Scottish Court of Criminal Appeal following the miscarriage of justice surrounding the Trial of Oscar Slater. Herrmann, Benedikt, Christian Thöni, and Simon Gächter. "Antisocial punishment across societies." Science 319.5868 (2008): 1362–1367. Depressingly, there is not much in here that is new. That is not Helena Kennedy’s fault: it’s simply that the ways in which the law judges women different and unfairly are so deeply established. Some wrongfully sanctioned people join organizations like the Innocence Project and Witness to Innocence to publicly share their stories, as a way to counteract these media distortions and to advocate for various types of criminal justice reform. [41]

This book could easily have fallen into a hole of hating the individuals involved in keeping the discriminatory power structures going, but I think it does a good job at staying grounded and emphasising that whilst wider change is needed, this isn’t about specific individuals. Helena reminds us that justice for women should not be at the expense of justice for men. Yet despite the Jogee decision, the court of appeal subsequently ruled that convictions could not be overturned unless appellants could prove they had suffered “substantial injustice”. JENGbA and their supporters argue that in effect this means that people have to prove their innocence in the court of appeal rather than have their conviction quashed and be allowed a retrial. Only one man, John Crilly, has succeeded with an appeal based on the Jogee finding that the law was wrong previously. Crilly attended the rally in Parliament Square, telling families that he felt “survivors’ guilt” and they must “keep fighting”. Leo, Richard A.; Davis, Deborah (March 2010). "From False Confession to Wrongful Conviction: Seven Psychological Processes". The Journal of Psychiatry & Law. 38 (1–2): 9–56. doi: 10.1177/009318531003800103. ISSN 0093-1853. S2CID 145315052. The book is so well put together in clear, distinct chapters exploring the different themes that lead to the law failing women. Starting with "Eve Was Framed" following through the roles women are expected to play nice and quietly within society - "The Good Wife and Mother" and then exploring any time a woman may be outside of that definition, criminally or not.Edmond N. Cahn (1946). "Justice, Power and Law". Yale Law Journal. 55 (2): 336–364. doi: 10.2307/792700. JSTOR 792700. For the first time enabling profoundly deaf people to sit on juries. Current laws ban the presence of a ‘stranger’ being in the jury deliberation room – this will be scrapped and instead allow a British Sign Language Interpreter into the room.

a b c d Judith N. Shklar (1992). " passim, see esp Chpt 1, 'Giving Injustice its due' ". The Faces of Injustice. Yale University Press. ISBN 978-0253200556. Measures include widening important laws which prevent adults in ‘positions of trust’ from engaging in sexual relationships with young people under the age of 18, bringing sports coaches and religious leaders in line with other occupations such as teachers and doctors. The move follows an extensive review which raised concerns that predators could exploit the particular influence these roles can often have in a young person’s life – making them vulnerable to abuse.Eve Was Shamed outlines solutions as well as problems, including improved diversity and training within the entire justice system. This creates a note of hope that means the book doesn’t feel too pessimistic.



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