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‘Till death do us part : judging the men who kill their intimate partners

Fitz-Gibbon, Kate 2009, ‘Till death do us part : judging the men who kill their intimate partners, in Australia and New Zealand Critical Criminology Conference 2009 Conference Proceedings, Monash University, Melbourne, Vic., pp. 78-87.

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Title ‘Till death do us part : judging the men who kill their intimate partners
Author(s) Fitz-Gibbon, Kate
Conference name Australia and New Zealand Critical Criminology Conference (3rd : 2009 : Melbourne, Vic.)
Conference location Melbourne, Vic.
Conference dates 8-9 July 2009
Title of proceedings Australia and New Zealand Critical Criminology Conference 2009 Conference Proceedings
Editor(s) Segrave, Marie
Publication date 2009
Conference series Australia and New Zealand Critical Criminology Conference
Start page 78
End page 87
Total pages 10
Publisher Monash University
Place of publication Melbourne, Vic.
Keyword(s) intimate femicide
male offenders
gender norms and bias
Summary This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework.
ISBN 9780980753004
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category E1.1 Full written paper - refereed
Copyright notice ©2009, Monash University
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30043977

Document type: Conference Paper
Collections: School of Humanities and Social Sciences
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.