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Flow Charts Plan, Domestic abuse, Prison as a woman - Coggle Diagram
Flow Charts Plan
To what extent is the British Legal system egalitarian?
Introduction
Point 1: Root causes of discrimination in the British Legal System
Point 2: How the Police force is failing women
Point 3: How the British Legal System is failing women in sentancing and occupation
Point 4: The timeline of discrimination
Abolition of the defiance of provocation, defense to rape In 2009 Coroners and Justice Act abolished the old common law defense of provocation and in its place introduced loss of control
Serious crime act 2015 introduced a new offence, to combat domsetic abuse
2017 issues with lack of training from the police force.
Revenge porn
now an offence under section 127 of the Communications Act 2003.
Conclusion
How far the law is gender egalitarian
Draw all ideas together
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What's currently being put in place
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Fairly egalitarian, however the law is at constant development and is changing in a positive way
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600 words
Bedroom tax
Case taken to ECHR due to taking away the right to private and victims used the spare rom as a safe space when their husband was abusive to call the police
1,100 words
Sexual Offences Act the government changed the law to Helena Kennedy suggestion of an objective test for consent .
Used to be a loophole in homicide were a child was killed and neither parent took responsibility therefore both be acquitted due to lack of evidence. A change in the law in 2004 makes it a crime carrying 14 years to allow a child to die while in your care.
Battered Woman who remains in terror of her partner will be convicted rather then tell the truth about his culpability
Jury duty
Jury stepping down
Husbands behavior due to explicit sexual images
Helena Kennedy experience
Eliza Orme
1,100 words
Information from this video,....About the First 100 Years is an ambitious video history project documenting the journey of women in the legal profession, from 1919 to present day supported by the Law Society
Becoming lawyers
, the Bebb v Law Society case had reconfirmed that women were not allowed to join the profession as they were not classified as ‘persons’ under the Solicitors Act 1843.
Prison as a woman
Police abusing their power
Speaking on BBC Breakfast, Baroness Kennedy said: “We have to be looking at male behaviour more generally, but the police certainly have to be taking women’s complaints more seriously than they have done.“This has been going on for many, many years and I’m rather tired of hearing police forces saying we’re going to learn lessons from some tragedy.
Sarah Evard 2021
https://www.bbc.co.uk/news/articles/czr78x0e5yzo
Surrey policemen
Commissioner of Police for the Metropolis v DSD, NBV (2015)
Treatment of women by the police for the John Warboys case, their ill treatment leading to article 3.
https://www.theguardian.com/uk-news/2018/jan/05/how-the-establishment-failed-victims-of-black-cab-rapist-john-worboys
Sally Emery
Falsely accused of murdering her children, she spent months in prison and when she came home she was found dead as she couldnt come to terms with the false accusation
1,100 words
Husbands
Embedded expectations against women and the female stereotype
Reliability on male dominance, absence of female independence
Consent case of Brown
Alan Wilson was charged under s 47 of the Offences Against the Person Act 1861 for assault. He branded his initials into his wife’s buttocks with a hot knife. It was further held that consensual activity between a husband and wife in the privacy of their own home was not a matter for criminal investigation or conviction. Therefore, consent was a valid defence to s 47. The appeal was allowed and the conviction was quashed.
Family ties and financal reliability
https://revolving-doors.org.uk/women-criminal-justice-double-standards/
Womens loyalty to their children
Ben Butler killed his six year old daughter, her mother did not report the abuse, as she herself was subject to violent physical and verbal attacks from her husband. she received 42 months in prison for child cruelty and perverting the course of justice
Liberal democrat MP left his wife, she slipped to the media information that she had been taking her husbands speeding points to prevent him looosing his license.
'The good wife' H.K
Vulnerability
Police, lawyers and judges have the idea an abused woman should be submissive and coward. Case of Mustafa Bashir, in which he received an 18 month suspended sentence and the judge was not convinced his wife was vulnerable to domestic abuse.
1,100 words
Brief discussion of points
brief description of cases that i will mention later
Killed for snoring
Raymond Bentley put a cushion over his wife Colleen's face, put his hand round her neck and squeezed, telling her: "I need to kill you, I want you to die, I've had enough of you," Leeds Crown Court was told.
Police abusing power
In October 2004, Two police officers from Surrey stood on trial for rape, after picking up a woman after she was assaulted in a nightclub. They took her to her home where here children were sleeping and raped her. They pleaded not guilty, even though semen matched their DNA which was found on her skirt. They were acquitted
bedroom tax
2012 the government changed the level of housing benefit given to people on low incomes, reducing payments for those who had more bedrooms than they strictly needed. Critics of the policy called it the “bedroom tax”. One lady has a spare room to protect herself from her abusive ex partner, this room was take away there she became extremely vulnerable and made her more susceptible to harm
Ahluwalia
The appellant poured petrol and caustic soda on to her sleeping husband and then set fire to him. He died six days later from his injuries. The couple had an arranged marriage and the husband had been violent and abusive throughout the marriage. He was also having an affair. On the night of the killing he had threatened to hit her with an iron and told her that he would beat her the next day if she did not provide him with money. At her trial she admitted killing her husband but raised the defense of provocation however, the jury convicted her of murder. She appealed on the grounds that the judge's direction to the jury relating to provocation was wrong and she also raised the defence of diminished responsibility
Purpose of the law and what its supposed to achieve
Justice which is fundamental for mankind. Follows the idea of A.V Dicey's Rule Of Law, in which prevents the abuse of state power and ensures legal rights are used in practice and can apply to all.
600 words
Domestic abuse
At least 70% of family court cases involves an issue relating to domestic abuse
Prison as a woman
motherly figure impacts policing and womans mental health
majority of sentenced female prisoners 84% are held for non violent offences despite the constant refrain that prison should really only be used for violent serious crime
Womens prison in Cheshire, came clear with the devastating impact imprisonment can have on a womens mental health. in a single six month period, six inmates took their own life
Homocide defense PMS
Women being subjected to their hormones was the traditional way of explaining otherwise inexplicable behaviour
Prison as a woman