Female Victims of Miscarriage of Justices Dissertation - 1

Female Victims of Miscarriage of Justices - Dissertation ExampleLaws have male characteristics and target male crime, thus ascendent the realities of womens lives with regards to wrong referee. This generates the generalizability problem1 where patriarchal values thus serve masculine needs2. Introduction The very idea of spontaneous abortion of justice is discouraged by every legal system that stands as a bastion to democracy. Every civilised government has recognised the need to ensure that all its citizens are do by fairly within the due process of legality. For example, the Criminal Justice Act 1991 provides3 that The Secretary of State shall in each year publish such education as he considers expedient for the purpose of facilitating the performance of those engaged in the administration of justice to avoid discriminating against any persons on the ground of lam or sex or any other improper ground. In attempting to establish a fitting legal system that incorporates the dem ocratic principles of justice, it is of importance that the consequence of gender differences is examined. Despite claims to the contrary, masculinist epistemologies are built upon values that promote masculine needs and desires, making all others unseeyn4 making women almost invisible within the justice system, and this can easily lead to miscarriage of justice. MacKinnon states, For women to affirm difference, when difference means dominance, as it does with gender, means to affirm the qualities and characteristics of powerlessness5. This is very unbowed of our societies even though women are mistreated by the same laws that were established because of care and concern. The law therefore lays emphasis to equality, but uses a masculine pattern as a threshold for enforcement. Lahey calls this equality with a vengeance.6 Aims of study The aim of this paper is to explore femininism and miscarriage of justice from a criminal law perspective. This paper does not engage in a dispute a bout whether womens right should be different from men in the criminal justice system. The underlying premise is that rights are universal. The paper simply uses the universalism and cultural relativism debate as an entry point to a discussion of ethical considerations of women in the criminal law system of justices. It will attempt to demonstrate how cultural differences persist between man and women. Difference in this instance is set up as a duality woman is different from man, and this difference is seen as a deficiency because she is not man7. The paper will therefore critically and relatively consider how the law has attempted to reconcile the rights of women at criminal trials with what obtains in different legal cultures and their resultant effect on females as victims of miscarriage of justice. analytic thinking I will analyze my paper from the perception of these enquires What is miscarriage of justice? Miscarriage of justices is considered as a situation in which the ri ghts of others are not efficaciously or proportionately protected by the state8. The main keyword that makes an act constitute a form of miscarriage of justice is failure to act. How is miscarriage of justice manifested? The victimization of women makes access to justice illusory, amounting to miscarriage of justice. Access to justice is reasoned to be a priority enjoyed by