Eve Was Framed: Women and British Justice by Helena Kennedy

This book written in 1992 encompasses the debate still around today about the legal system in all Commonwealth countries. Helena Kennedy QC, who rose through the ranks of the legal world in Britain gives an educated view on the need for change in the seemingly alien culture of the British courts.

The book starts with the discussion of the technicalities of being a lawyer when she graduated. The legal system was divided into inns, someone's knowledge as a lawyer was judged by how many dinners they attended at these inns and where they sat as well as how able they were in responding to criticism often from chauvinistic male counterparts. This reflects what was an issue in many Commonwealth countries that had taken the model of the English court system, only in the last ten years was the infamous wig taken away from lawyers, this perhaps explaining the prevalence of the generation of old white men who took over the judiciary in the 1960s and 70s desparate to maintain morals in a changing society.

One of the most interesting parts of this book for me was the discussion on the use of the partial defence of provocation. As has been proved in a recent case in New Zealand, it is far more likely to be of use to men claiming a women was attacking them, than women who when they commit murder often kill a spouse in their sleep after years of violent, sexual and psychological abuse. Many cases were highlighted to show that the law of provocation could only be used if the action was directly after another action, and would not work for women who had suffered extreme trauma at the hands of spouses. It shows the discrepancies in the legal system, when a woman killing her cheating husband who insults her sexuality goes to jail, while a man goes free who murders a women for the same reason as it seems men are seem as beyond control when sex is involved.

There was also a vivid discussion of racial discrepancies in the English courts. Black women for example are more likely to be considered immoral, less likely to receive probation and more likely to be torn apart by prosecuting council for being immoral and unwomanly. The same goes for immigrants, who are often criticised by judges and even asked whether they would support England in a cricket game as evidence of their immorality. Women lawyers of different races are also open to disgusting criticism often from judges about whether they represent the real English law - I suppose by that saying do they represent the old white men who until recently all but controlled the profession.

One thing I liked in particular about this book was that it wasn't upfront radical feminism, Kennedy reiterates throughout the book that many of the things which apply to women in courts can also be damaging to men, and can be a reason why abused men do not come forward. The last chapter summarised well what changes need to be seen in Commonwealth systems before they can be truly just.

Would highly recommend this to anyone, funnily enough it was on a recommended reading list for a Criminology paper I am taking and illustrates well what needs to be addressed and the countless injustices which have been served on both men and women.