NCJ Number
92204
Journal
International Journal of the Sociology of Law Volume: 11 Issue: 4 Dated: (November 1983) Pages: 385-400
Date Published
1983
Length
16 pages
Annotation
This case study of the pleas of mitigating circumstances presented by defense counsel to influence the sentencing in a greater London magistrates' court reveals support for a familial ideology derived from structural inequalities between the sexes which involves economic and emotional exploitation of women.
Abstract
Courtroom observations were conducted for two mornings a week in 1980 and one morning a week in 1981. During this time, the court with the largest number of female defendants was selected, and all cases appearing that morning, including cases involving male defendants, were observed (210 cases with male defendants and 111 cases with female defendants). After the observations, social inquiry reports were examined, and police officers, probation officers, and magistrates were interviewed. Particular attention was given to pleas of mitigation offered by the defense in the hope of influencing the sentence. The pleas of mitigation sought to show that the defendants were involved in normative social and economic roles in the community, with their criminal activity being a temporary aberration. Family roles were the general focus of the mitigating pleas. The predominance of the family in the pleas is an acknowledgement of the role which it plays in the socialization and control of its members. It was found that the family structure presented as normative by defense counsel and supported by magistrates' decisions perpetuates the subordination of women. The family model supported is based on a sexual division of labor, which has consequences for women in both domestic and paid labor. The normative role for women viewed as being most conducive to countering criminality is that of mother and wife dependent on the husband for economic and emotional support. Seven notes and 28 references are provided.