Defending women who kill
| dc.contributor.advisor | Phelps, Kelly | |
| dc.contributor.advisor | Moult, Kelley | |
| dc.contributor.author | Shaff, Maxine Leslie Georgia | |
| dc.date.accessioned | 2023-04-21T07:49:46Z | |
| dc.date.available | 2023-04-21T07:49:46Z | |
| dc.date.issued | 2022 | |
| dc.date.updated | 2023-04-21T07:49:16Z | |
| dc.description.abstract | This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In addition to analysing the existing legal framework, the paper presents thematic qualitative information drawn from the judgments to show that a number of themes are apparent in the manner in which evidence is brought and dealt with by the courts. For instance, patterns of disregarding evidence of abuse, and a lack of calling for further evidence where needed. In addition to this, judgments often 'play armchair expert' and show lack of sensitivity and compassion to abused women - this is tightly linked with the concept of victim blaming. Other themes include deterrence as emphasised in sentencing, the notion of a turning point during an abusive spell, the rights of the children involved in abusive relationships, and considering motives for retaliation. The paper concludes by arguing that a contemporary approach to private defence, in light of the developments made in the Engelbrecht case, ought to be the way forward in exonerating women of their criminal culpability where those requirements are met. | |
| dc.identifier.apacitation | Shaff, M. L. G. (2022). <i>Defending women who kill</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/37813 | en_ZA |
| dc.identifier.chicagocitation | Shaff, Maxine Leslie Georgia. <i>"Defending women who kill."</i> ., ,Faculty of Law ,Department of Public Law, 2022. http://hdl.handle.net/11427/37813 | en_ZA |
| dc.identifier.citation | Shaff, M.L.G. 2022. Defending women who kill. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/37813 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Shaff, Maxine Leslie Georgia AB - This dissertation undertakes a case review of South African court case judgments (between 1994 and 2021) in which women are charged with killing their abusive intimate partners. The dissertation examines how evidence of their abuse is used in respect of legal defences and mitigation of sentence. In addition to analysing the existing legal framework, the paper presents thematic qualitative information drawn from the judgments to show that a number of themes are apparent in the manner in which evidence is brought and dealt with by the courts. For instance, patterns of disregarding evidence of abuse, and a lack of calling for further evidence where needed. In addition to this, judgments often 'play armchair expert' and show lack of sensitivity and compassion to abused women - this is tightly linked with the concept of victim blaming. Other themes include deterrence as emphasised in sentencing, the notion of a turning point during an abusive spell, the rights of the children involved in abusive relationships, and considering motives for retaliation. The paper concludes by arguing that a contemporary approach to private defence, in light of the developments made in the Engelbrecht case, ought to be the way forward in exonerating women of their criminal culpability where those requirements are met. DA - 2022 DB - OpenUCT DP - University of Cape Town KW - public law LK - https://open.uct.ac.za PY - 2022 T1 - Defending women who kill TI - Defending women who kill UR - http://hdl.handle.net/11427/37813 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/37813 | |
| dc.identifier.vancouvercitation | Shaff MLG. Defending women who kill. []. ,Faculty of Law ,Department of Public Law, 2022 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/37813 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | public law | |
| dc.title | Defending women who kill | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |