N O T E S T O P AG E S 9 2 – 1 4 8
|
215
3. Karl Marx, The Marx-Engels Reader, ed. Robert Tucker (New York: Norton, 1978). 4. Arlie Russell Hochschild, The Managed Heart: Commercialization of Human Feeling (Berkeley: University of California Press, 1983). 5. Gina’s description of the floorperson’s nature to sympathize with the victim is revealing. She is doing gender when pointing to the woman’s sympathetic nature toward the victim. 6. Erving Goffman, Interaction Ritual: Essays on Face-to-Face Behavior (New York: Pantheon Books, 1967). 7. Erving Goffman, The Goffman Reader, eds. Charles Lemert and Ann Branaman (Malden, Mass.: Blackwell Publishers, 1997), 122. 8. Pierre Bourdieu, Outline of a Theory of Practice (Cambridge: Cambridge University Press, 1977). 9. Harold Garfinkel, Studies in Ethnomethodology (New York: Prentice Hall, 1967). 10. Bourdieu, Outline of a Theory of Practice. 11. Without explicitly referring to critical legal studies, Kay is describing what scholars in that tradition suggest is the one constant to law—that it is politics practiced by the participants in the system. See David Kairys, The Politics of Law: A Progressive Critique (New York: Pantheon Books, 1990). CHAPTER 5 1. See Kathryn Lively, ‘‘Reciprocal Emotion Management’’ Work and Occupations 27 (1999): 32–66. 2. A preliminary hearing, or examination, is a court trial held in felony cases. The judge decides whether the defendant should be ‘‘held to answer’’ on the charges based on evidence presented to her or him by the prosecutor and motions to suppress evidence presented by the defense attorney. California Penal Code, Sections 738, 872. 3. Under California law, the girlfriend was required to testify. (California Evidence Code, Section 972[f].) The reasoning is that the statutory rape preceded the marriage, and even though she became the defendant’s wife, the victim-girlfriend was aware her husband-to-be was charged with the crime before the wedding. 4. Personally Sally’s story is painful for me to tell. In the last year I heard of a former client taking a gun to his head. As a consultant I was in the position to choose what cases to work on. I would not work on rape cases where I believed the client was guilty. In my mind, as I write, this young man would still be alive if not for a wrongful accusation. 5. I remembered my own work, the moment I realized the human being behind a crime. It was also in a jail cell and involved a young woman accused of cutting up one person while on methamphetamines and torturing another. Two people were dead. When I met the defendant her head was shaved, she had a skull interwoven with barbed wire and roses tattooed on her arm; she was shackled and dressed in a red (not orange) jail jumpsuit, the color indicating she was in for something serious. She said ‘‘hello’’ in a high-pitched, childlike voice, and I shook her hand and thought, ‘‘It’s odd that I’m not bothered that the hand I’m touching may have been involved in murders.’’ Instead I was concentrating on her as a human being. We were meeting so that I could learn more about her life. In just a few days her defense attorney and I would meet with the district