Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

01 August 2009

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.

11 May 2009

A Poisoned Mind by Natasha Cooper



I actually liked this book more than the last one I read below Gagged & Bound, the plot line somehow seemed to ring more true to me. Perhaps the one I read first wasn't a good one to start off with as I was under the illusion that these books were about both Trish Maguire, the lawyer and her friend Caro, the police office. This one focused on just Trish with only a couple of mentions of Caro and they did not seem to be as close as they were in the other book.

This one covers a case which Trish defends on behalf of a waste management company who are being sued by a woman who's husband died after one of their tanks exploded. Trish sees something fishy in the case from the start, and begins to think the tanks on the property were somehow sabotaged. She also has personal problems with her son who's new friend's misbehavior causes problems among the family, despite this Trish and her husband take the friend under their wing who is suffering physical abuse from his brother.

The reason this book seemed more believable was the role of the lawyer and her ethical stance leading her to uncover what was an unfair case against the company she is representing. I'm doing law and just from my viewpoint it seemed she took a far more lawyer-ish stance than in the last book I read by Cooper. She has also just received her 'silks' making her a QC and this book also covers her fight to be recognised in her firm after her senior is injured in an accident.

The criticism I would have of this book is it seems to involve crisis after crisis especially with the troubled friend of her son. It did seem realistic I guess but a bit too dramatic.

A good read either way if you are into crime novels, or thrillers I recommend it.
Next up: Eat Pray Love by Elizabeth Gilbert

24 February 2009

The Firm by John Grisham



I got this book recently at an op shop (an awesome op shop) for $1. I had a law lecturer who used to rant and rave about John Grisham, so I thought I should try it out. To be honest, it seemed to me like a book that got written with the intent for a movie to later be made of it (which there was starring a young Tom Cruise). It was very focused on the melodrama the "OH NO WE ARE GOING TO DIE" sort of phenomenon but it's obvious to see why it made the Bestseller list in a number of publications. It's a book that is really quite difficult to put down, I mean I was trying to read this book walking down Lambton Quay just because I wanted to know what happened. In that way it effectively in my mind demonstrated what a thriller book should be like, because many authors seem unsure of how to portray a scene which will keep someone reading. I think the ability to create a thriller was also evident in other bestsellers, for example The Da Vinci Code, it is that genre and other parts of the book which make it so attractive to such a large proportion of the public.
There are things I dislike about books like this, for one even if I don't like a main character I like to understand them, or understand what has made them into the person they are. This book really had very little character development and what it did have just made the main character look arrogant, and the other characters seem dull and uninteresting.
I can see how it translated well into a movie though, like even better than The Da Vinci Code did because, there was nothing that really needed to be explained and a lot of running around being chased by various people.
I sort of now regard Grisham books as my lazy books, like easy books to read if I'm not in a thinking mood, sort of like The Babysitters Club books were when I was little and it's always good to have a few of those sorts of books up your sleeve.


Next up: The Awakening by Kate Chopin