Courtroom Discourse and the Gendered Construction of Professional Identity

In addition to providing an arena for dispute resolution, the courtroom serves lawyers and judges as an important site for the construction and maintenance of their Professional identity. It is mainly through the strategic use of language within the constraints on courtroom discourse that this process takes place. Within the framework of feminist theories of language as constituent of social identity, this paper analyzes courtroom interaction to determine how gender affects the construction of the Professional identity of lawyers and judges in Israeli district courts. Quantitative analyses of terms of address, intrusions, judges'takeover of examinations, challenging comments, and the forms and use of directives indicated that women judges and women lawyers were accorded less deference than men, and that the Professional competence of women lawyers was challenged and undermined. The qualitative analysis of the off-the-record comments by judges, lawyers, and witnesses to lawyers revealed that all participants questioned the professional performance of women lawyers in gender-stereotypic ways. The devaluation of women professionals and the gendered interpretations of their behavior enacted through the discourse in the courtroom may have implications for the outcomes of trials.     

Reconfiguring Law: An Ethnographic Perspective from Botswana

Using two marital disputes, this article examines women's experiences in bringing legal claims regarding family property in Botswana. It highlights the ways women draw on diverse economic and social resources available to them through their differing positions within gendered social networks that shape daily life and affect the ability to access and manipulate a legal system incorporating Tswana customary law and European law. The divergent discourses among women and between women and men document how the administrative and theoretical separation of legal systems does not extend to people's uses of the law in arranging their own lives. This analysis challenges the formalist model of legal pluralism by demonstrating that legal arguments are constructed from the gendered social and economic facts of individuals'lives that traverse the legal categories of European and customary law. It also contributes to feminist legal scholarship by explicitly marking the links among gender, power, and law.     

Evaluating expertise in forensic anthropology

The medicolegal system relies on the ability of experts and non-experts alike to make judgments about expertise and use those judgments to reach consequential decisions. Given the lack of standard criteria, mandatory certification, or licensure for establishing expertise required to practice forensic anthropology and testify as an expert witness, we sought to understand how individuals assess and identify expertise in forensic anthropology by using a social science tool called the Imitation Game. This tool assesses immersion in a specific area of study via discourse, with the premise that some individuals lacking expertise themselves imitate or attempt to pass as experts. For this project we recruited volunteers with varying expertise in forensic anthropology to participate in interviews which asked questions about the practice and structure of the discipline. Those interviews were transcribed, anonymized, and evaluated by other recruited individuals with varying expertise in forensic anthropology. Results found that judges who were experts in forensic anthropology performed better than non-expert judges in determining who was not an expert in forensic anthropology based on their anonymized responses; however, nearly half of the non-experts were still able to pass as experts in forensic anthropology. The difficulties in assessing expertise based on discourse interactions demonstrates the value and need for well-defined credentials and mandatory certification to practice forensic anthropology. This study demonstrates that accurately identifying expertise in forensic anthropology may be challenging for both experts and non-experts, especially when relying solely on interactional expertise rather than formal assessments of competency which directly elucidate contributory expertise.     

Legal ethnography: Exploring the gendered nature of legal method

Beginning with the idea of law as discourse, this essay examines the ways in which legal method is gendered. Texts, such as affidavits and court forms, and local ‘mundane’ practices are part of the production and affirmation of the law as a producer of truth. A possible methodology for exploring legal method, ‘legal ethnography,’ is introduced as a means by which wemight explicate how legal method works to support and reify legal discourse, in the process silencing the voices of women. The essay also explores how legal method comes to be accepted as a ‘tool of the trade’ by lawyers, who then use it to translate the primary narrative of the client into a cause of action that is comprehensible to lawyers, judges, and other actors in the legal system. Finally, the limitations of the proposed methodology are considered.     

Structural Inequality and Social Support for Women Prisoners Released to Rural Communities

Incarceration and community reentry for rural women reflect gendered processes. We draw on in-depth semistructured interviews and focus groups to examine the return of women prisoners to underserved rural communities while attending to the perspectives of their closest social supporters. Our findings underscore the complexity of the reentry process for rural women and its particular impact on their families. We challenge dominant discourses of personal responsibility that detract from the structural violence and injustice shaping reentry experiences for women and their social supporters. We also consider the policy implications of discharge and reentry planning for rural women and their families as well as strategies to reduce recidivism.     

GENDER,NEIGHBORHOOD DANGER,AND RISK‐AVOIDANCE STRATEGIES AMONG URBAN AFRICAN‐AMERICAN YOUTHS*

Research consistently reveals that fear of crime and perceived risk are demographically and ecologically patterned. Women and individuals in disadvantaged community settings report increased fear and perceptions of risk. For women, these fears and perceptions are tied to concerns about sexual violence specifically, whereas for individuals in distressed neighborhoods, crime rates, “incivilities,” and poor police‐community relations are often identified as important correlates. Here, we build from the insights of previous research by examining the gendered nature of perceived risk and risk‐management strategies among urban African‐American adolescents. Our findings suggest that both risk and risk‐avoidance strategies are strikingly different for young women and young men and are shaped by the gendered organizational features of neighborhood life. We propose that future research will benefit by continuing to investigate how social vulnerabilities function in tandem to structure risks across ecological settings.     

Gendered Paths to Legal Citizenship: The Case of Latin‐American Immigrants in Phoenix,Arizona

In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin‐American‐origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in‐depth interviews conducted from 1998 through 2008 with women and men from Guatemala, El Salvador, Honduras, and Mexico. The data reveal that although immigration policies and procedures are presumably gender neutral, they are in fact inflected with gendered meanings and enacted in gendered social structures. Gender ideologies permeate the processes to differentially affect the legalization, permanent legal residence, and citizenship processes of immigrant women and men. This article points to key gender inequalities in immigration law.     

Gender as social threat: A study of offender sex,situational factors,gender dynamics and social control

Purpose

Adopting a social threat perspective, the assessment explores how gender and social gender dynamics affect the labeling of convicted felons using a unique sentencing outcome - adjudication withheld.

Methods

This research investigates the direct effect of gender, and interactive impact of offender sex/crime type, on adjudication withheld for a sample of probationers (N = 110,419) sentenced in Florida between 2000 and 2002 using Hierarchical Generalized Linear Modeling. The study also explores how social gender dynamics moderate these relationships.

Results

Female offenders are significantly more likely than men to receive adjudication withheld. Women convicted of atypical crimes, such as assault, auto theft and drug sale/manufacturing have better odds of avoiding the felon label than females convicted of other crimes. Finally, measures of gendered threat do not increase the use of social control for female offenders.

Conclusions

Women have significantly better chances of avoiding a felon label; however, this varies by crime type. Criminal justice actors may be reluctant to penalize female offenders with a felon label and the stigma of violent crime convictions. Finally, gendered threat measures did not weaken the leniency shown to female probationers in Florida, possible due to the increased resources available to women in the study areas.     

SOCIAL TIES AND CRIME: IS THE RELATIONSHIP GENDERED?*

A fundamental concept in the systemic model of social disorganization theory has been the social ties among neighbors. Theoretically, social ties among neighbors provide the foundation from which the potential for informal social control can develop. Recent research, however, has shown that not all social ties are equally effective in producing informal social control and decreasing crime rates. Warner and Rountree (1997) have shown that the neighborhood context in which ties occur is related to their crime-fighting effectiveness, and Bellair (1997) has shown that frequent ties are not necessarily the most effective ties. Further examination of the crime-control effectiveness of specific patterns and placements of social ties, therefore, seems a fruitful path to pursue. For example, no research to date has examined potential demographic differences in the effectiveness of ties. This study begins exploration in this area by examining the extent to which the effectiveness of ties in decreasing crime is related to the gendered nature and context of those ties. Using data from 100 Seattle neighborhoods, we find that although women and men display similar levels of local social ties, the effects of these gender-specific ties on crime are different. In particular, female social ties are more effective in controlling crime, particularly in the community-level gendered context of few female-headed households.     

Autonomy,Dependence or Culture: Examining the Impact of Resources and Socio-cultural Processes on Attitudes Towards Intimate Partner Violence in Ghana,Africa

Despite the high levels of domestic violence (intimate partner violence) against African women, tests of competing theories on why the practice is common in the region are quite limited. This study evaluates the effects of resources and cultural factors on attitudes Africans hold about the acceptability of gendered violence, and specifically wife beating (battering). Answers to these questions are relevant to the discourse on intimate partner violence, at least, as pertains to male-dominated societies such as those found in Africa. Drawing on national data from the Ghana Demographic and Health Survey, we explore these linkages in an African context. Our findings suggest that egalitarian decision-making and equal household contributions are associated with a reduced acceptance of abusive actions toward women. We suggest that new questions must be asked concerning the present and future role of men and women within households and the community. We share equally in the conceptualization, data analysis, and writing of the paper. We thank Drs. Nancy B. Miller and Cheryl Elman for their helpful comments on this article.     

Theorising sexual media and sexual violence in a forensic setting: Men's talk about pornography and offending

This article reports findings from a discourse analytic study which critically explored the language of mental health nurses, and detained sexual offenders, in relation to pornography in one high-security hospital. It recognised previous empirical investigation, and pro-feminist theorising, into mediated representations and male sexual violence, but situated the research process in a forensic nursing context. Decision-making about access to, or restriction of, commercial sexual literature, as a component of therapeutic intervention and offender management, reveals tensions between service-user rights and treatment goals. The aim was to access nurse and patient talk in a specific culture. Semi-structured interviews with eighteen nursing staff, and nine patients, were used to co-construct accounts of pornography, sexual offending, and treatment. Analysis and data collection were undertaken concurrently. Interviews were audio-taped and transcribed. Data was coded to identify theoretical/conceptual themes and sub-themes representing discursive repertoires. Attention was given to how textual variation positioned respondents in relation to each other and the institution. Findings suggested collective male talk textured the environment, promoted gendered inequality, marginalised female nurses, and undermined rehabilitation. Shared discourse enabled male staff and patients to relate to each other as men, while maintaining distance through constructions of otherness. Discussion focuses on discriminatory discursive-practices, where men's talk about pornography and sexual violence embodied gendered knowledge/experience and contributed to a toxic culture. Consideration is given to ways of resisting institutional impediments and promoting positive therapeutic relations.     

Gender differences in violent offending: results from a multicentre comparison study in Dutch forensic psychiatry

ABSTRACT

The past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness.     

‘Tolling for the luckless,the abandoned and forsaked’: Therapeutic jurisprudence and international human rights law as applied to prisoners and detainees by forensic psychologists

Objectives. There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing the extent to which the legal system serves therapeutic or anti‐therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. The paper aims to provide an intersection between human rights, therapeutic jurisprudence, and forensic psychology. Method. Human rights are based on legal, social, and moral rules. Human rights literature generally considers legal rights but such policy statements do not provide principles to guide forensic psychologists in addressing moral or social rights. Therefore, a framework to guide forensic psychologists is required. Conclusion. As duty‐bearers, forensic psychologists need to address the core values of freedom and well‐being in rights holders (in this instance, prisoners and detainees with a mental illness). The paper proposes that human rights principles can add to the normative base of a therapeutic jurisprudence framework, and in‐turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights.     

Space and Law, Gender and Land: Using CEDAW to Regulate for Women’s Rights to Land in Vanuatu

International laws such as The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) promise a universal system of rights to varied people in varied places. In many Pacific states this has been translated to mean that women should have the same privileges as men to control, possess and use land. This could not be further from the truth as evidenced by women’s experiences in Vanuatu, which bring home the visible and invisible spaces of international law. The insights of legal geographers into the spatialised dimensions of social, political and economic activities, together with those of feminist legal scholars into the gendered nature of law, are invaluable in understanding how some spaces are prioritized while others are devalued. We rely on these insights to uncover the prioritized legal spaces of Vanuatu and to locate them against the lived-in spaces of Vanuatu’s women. Becoming aware of the multispatiality of law is the first step in contemplating a landscape where justice can play a part.     

Gender,Identity, and Accounts: How White Collar Offenders Do Gender When Making Sense of Their Crimes

When offenders are asked to explain their crimes, they typically portray themselves as decent people despite their wrongdoings. To be effective at managing the stigma of crime, motivational accounts must be believable to the social audience. Thus, variation in patterns of accounts is likely due to the social position of the actors. Here we examine whether gender constrains the way individuals describe their crimes by analyzing the motivational accounts of male and female white collar offenders. Results show that while men and women both elicit justifications when discussing their crimes, they do differ in the frequency with which they call forth specific accounts and in the rhetorical nature of these accounts. When accounting for their crime, white collar offenders draw on gendered themes to align their actions with cultural expectations of masculinity and femininity. These findings suggest that gender does constrain the accounts that are available to white collar offenders.     

The Significance of Shame in the Lives of Women Who Experience Male Violence

Recently there has been recognition of the cultural politics of emotion, that is, the ways in which emotions impact upon individual life experiences. Significantly, it has been shown how emotions can produce effects of power on and through the bodies of individuals. Despite this knowledge, the law and legal responses tend to minimise, obscure and deny the ways in which emotions, and in particular shame, impacts upon individuals. This article therefore argues that the lives of women who experience male violence cannot be fully understood without reference to the ways in which shame affects those experiences. It explores how shame operates as a gendered set of self-regulatory practices, which are also practices of male power in individual womens’ lives. In order to do this findings from a small scale qualitative study which used semi-structured interviews with women who have experienced violence are utilised, together with a Foucauldian theoretical framework. The article contends that an awareness and understanding of how shame affects the lives of women experience male violence can improve law and social policy responses to male violence against women.     

Faulty genes or faulty parents? Gender,family and survival in early and late childhood in the Netherlands, 1860–1900

According to the famous economist and Nobel prize winner Amartya Sen women have a significant biological advantage over men. Despite this fact women do not always live longer. In today's third world, but also in some areas in Europe at the end of the 19th and the beginning of the 20th century we find so-called excess female mortality. In this paper we examine child mortality in The Netherlands in general and gendered patterns of child mortality in particular. The focus is on differential mortality patterns by gender for infants, older children, and young adults up to age 20 in the second half of the 19th century. The analysis takes place at three levels. We start off with an exploration of sex differentials in mortality at the national level, based on the existing literature. We next examine gender differentials in mortality at the level of several Dutch communities, in the region called Twente, focussing on the differences between the city and the countryside. The final part of the analysis focuses on the micro level of the individual and his or her family in the rural community of Lonneker located in the Twente region. In this part of our study we make use of longitudinal individual level data which are analysed with event history methodologies. Our analysis clearly demonstrates that young women and girls in The Netherlands were not always in a position to fully capitalise upon their greater biological advantage and suffered instead considerable excess mortality. Especially in the rural parts of the country girls had lower survival chances. The individual level analysis confirms the importance of sex in explaining child and adolescent mortality. These gendered mortality risks can however not be attributed to social and economic household characteristics. The analysis also shows that, when death came, it literally affected the entire family. This phenomenon, better known under the label ‘death clustering’, may have been an effect of parental incompetence.     

Problems in the pathways to judicial success: women in the legal profession in Northern Ireland

ABSTRACT

This paper considers women’s representation in the under-explored context of the judiciary in Northern Ireland. Previous research into the experiences of women practitioners in the legal profession in Northern Ireland has indicated that women are discouraged from pursuing judicial careers for a variety of reasons associated with their gender. Further research into the gendered barriers these women practitioners face is required in order to assess the extent to which the same may impede their career progression. This paper uses a critical, social constructionist feminist approach to explore some of the gendered barriers influencing women’s under-representation in Northern Ireland’s judiciary. It is contended that representation can only be improved when women’s retention and progression through the ranks of the legal profession is addressed. Employing gender as a lens, this paper will analyse potential difficulties faced by the women solicitors and barristers in Northern Ireland in order to assess future judicial gender parity prospects in this jurisdiction as it is these women solicitors and barristers who form the female “talent pool” from which future members of the judiciary will be selected.     

The garcia de la paz

According to the famous economist and Nobel prize winner Amartya Sen women have a significant biological advantage over men. Despite this fact women do not always live longer. In today's third world, but also in some areas in Europe at the end of the 19th and the beginning of the 20th century we find so-called excess female mortality. In this paper we examine child mortality in The Netherlands in general and gendered patterns of child mortality in particular. The focus is on differential mortality patterns by gender for infants, older children, and young adults up to age 20 in the second half of the 19th century. The analysis takes place at three levels. We start off with an exploration of sex differentials in mortality at the national level, based on the existing literature. We next examine gender differentials in mortality at the level of several Dutch communities, in the region called Twente, focussing on the differences between the city and the countryside. The final part of the analysis focuses on the micro level of the individual and his or her family in the rural community of Lonneker located in the Twente region. In this part of our study we make use of longitudinal individual level data which are analysed with event history methodologies. Our analysis clearly demonstrates that young women and girls in The Netherlands were not always in a position to fully capitalise upon their greater biological advantage and suffered instead considerable excess mortality. Especially in the rural parts of the country girls had lower survival chances. The individual level analysis confirms the importance of sex in explaining child and adolescent mortality. These gendered mortality risks can however not be attributed to social and economic household characteristics. The analysis also shows that, when death came, it literally affected the entire family. This phenomenon, better known under the label ‘death clustering’, may have been an effect of parental incompetence.