A Muted Voice from the Past

Abstract

This article contributes to debates about gender and punishment by providing a critical analysis of the appeal of Ruth Ellis which took place in 2003, 48 years after her trial and execution in 1955. Utilising original transcripts, the article argues that, despite considerable gains for women in terms of formal equality during the five decades since the trial, ideological/discursive gains have remained more elusive. To this end, comparisons are made between legal discourses activated during the trial and those that featured in the appeal. This allows the identification of continuities within the operation of the legal system, particularly with respect to the subject positions available to women who kill their abusive partners. Specific aspects of the partial defence of provocation are explored, as is its replacement -the 'loss of control' defence, effective since 2010. The article concludes by applying Thomas Mathiesen's concepts of 'silent' and 'hidden' silencing in order to further illuminate the processes involved in preserving continuities within the legal process with respect to the social control of women.

The role of emotions for female co-offenders

“…Furthermore, there is currently minimal scope for considering nuanced understandings of the influence of emotions in legal and criminal justice practice. This is due to male-defined epistemology pervading legal thought, therefore legal terminology by its nature, such as 'rational man of the law', privileges the position and perspective of men (Yeo 1993;Ballinger 2012). However, as highlighted by Anette Ballinger (2012: 452) 'to make assumptions about the population as a whole based on such constructions is to privilege the understanding of the world of the group which has dominated legal and public life: white, middle-class, heterosexual men'.…”

“…However, as highlighted by Anette Ballinger (2012: 452) 'to make assumptions about the population as a whole based on such constructions is to privilege the understanding of the world of the group which has dominated legal and public life: white, middle-class, heterosexual men'. This legal and public domination of the male perspective has led to all experiences and behaviour which falls outside these parameters to be 'othered' and consequently silenced (Barlow 2016;Ballinger 2012;Carline 2005). Ballinger (2012: 452) argues that such principles lead to a double exclusion of the female experience, due to both the gendered nature of the law and men's experiences being viewed to be hierarchically more valuable.…”