This chapter examines the use of defence counsel to determine whether legal representation was advantageous to female defendants. Statistics are used to determine the number of defendants represented by counsel who received an acquittal or were convicted of a lesser charge, compared to those found guilty, and compared with the number of defendants who appeared unrepresented. These figures are compared to published research on the general population of offenders in other states. The statistics are also interrogated to determine if counsel was more effective for different types of crime. Case studies reveal the tactics and arguments used by counsel to defend their female clients. The research shows that the use of defence counsel was a significant advantage for women accused of property theft but may have been less effective for defendants accused of interpersonal crimes. Although counsel used a variety of tactics to defend their female clients, they would, where possible, emphasise the feminine characteristics of defendants to render them less dangerous in the eyes of the jury.

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Representing Women: The Use of Defence Counsel in Women’s Trials

  • Caroline Ingram

摘要

This chapter examines the use of defence counsel to determine whether legal representation was advantageous to female defendants. Statistics are used to determine the number of defendants represented by counsel who received an acquittal or were convicted of a lesser charge, compared to those found guilty, and compared with the number of defendants who appeared unrepresented. These figures are compared to published research on the general population of offenders in other states. The statistics are also interrogated to determine if counsel was more effective for different types of crime. Case studies reveal the tactics and arguments used by counsel to defend their female clients. The research shows that the use of defence counsel was a significant advantage for women accused of property theft but may have been less effective for defendants accused of interpersonal crimes. Although counsel used a variety of tactics to defend their female clients, they would, where possible, emphasise the feminine characteristics of defendants to render them less dangerous in the eyes of the jury.