Emotional Trials: The Moral Dilemmas of Women Criminal Defense Attorneys

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INDEX

tion of, 106, 108–9, 170; and stress, 106–8; and unfair sentences, 100–101 ‘‘paper cases,’’ 81 parental discipline, men of color prosecutors and, 178, 181, 193–94, 205 Peace and Freedom Party, 205 Petroff, Annette, 6–7, 41; background of, 15, 72–73; and death penalty cases, 75–76, 167; and feminism/public defender dilemma, 161–62; and gender double bind, 73–75; ideological work of, 165 Pierce, Jennifer, 36, 211n.28 plea bargaining, 68, 71 police, lying by, 81, 84 politics, law as, 31–32, 212n.18, 215n.11 Ponsa, Eric, 177 Porter, Holly, 79; background of, 15, 110–11; emotional trials of, 113–15; motivation of, 170, 183; as public defender, 111–13; solo practice of, 110, 113, 115–17 postpartum depression, 123 power, and male legal model, 31–32 preliminary hearings, 214n.43, 215n 2 pricing strategies, 115, 156 private practice, 110, 137, 151; and choice of cases, 115–17, 154–55, 156–57; and emotion work, 115; and emotional trials, 113; stresses of, 117 professional duty/ethic: and constitutional rights, 123, 135–36; emotion and, 58–59; ideological work and, 142–44, 157–58, 165–66; men of color prosecutors and, 201 Proposition 184, 19, 211–12n.31 psychopaths, 181 public defender culture, 65; as community, 133–34, 137; and race, 88–89 public defender offices: assignment of cases in, 121–23; conflicting out of cases, 112–13, 121–22; constraints of, 151; internships in, 128; racism/sexism in, 111–12 race: and criminal justice system, 86; public defender culture and, 88–89; rape and, 83; seasoned women defenders and, 119 racism: as career motivation, 127–28, 137; and crime, 180–81; in public defender’s office, 111–12; in sentencing, 204–5 rape: attorneys as victims of, 72–73; date rape,

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85, 136; race and, 83; statutory, 130; and vulnerability, feelings of, 53–54 rape cases: corroborating evidence required to prove, 61; emotion work in, 125; and emotional trials, 63, 81–84, 113–14; men of color prosecutors and, 199–200; pricing of, 115, 156 Reagan, Ronald, 206 religion, 106, 108–9, 170; men of color prosecutors and, 178 remedial work, 96 repeat felons. See three-strikes laws research process, 12–18; interview questions, 4–8, 17–18, 210–11n.23; samples, 14–15, 176; theoretical foundation of, 10–11 right to representation, 8; importance of, 148–49, 215–16n.5; as professional ideology, 85–86; as rationalization of conflict, 51, 56– 58, 63, 76, 84. See also Constitution Rossi, Gina, 78; background of, 15, 86–88; criminal defense work vs. work ethic, 90–92; and doing gender, 165, 215n.5; emotional trials, 92–96; and equality, 88–90; and identification with client, 167; ideological work of, 97–98, 165; turning point in career of, 169; and unfair sentences, 96–97 Samuels, Vivian, 110 Scopes, John, 216n.8 (Ch.5) Scully, Maureen, 35 search and seizure, illegal, 79, 81, 84 sentencing: delivering news of, 19–20, 66–67; and emotional trials, 185–87; men of color prosecutors and, 184–85; of the mentally ill, 100–101; minimization of, 56–58; objectivity during, 50; offender-centered vs. offense-centered, 150; politics of, 121; as product, 92; racial disparities in, 204–5; three-strikes laws and, 18–20, 66–67, 92, 121, 130, 150, 211n.29; unfairness in, 67–69, 96–97, 124–25, 185–87 sex crimes, penalties for, 124–25. See also child molestation; rape; rape cases sexism: in courtroom, 151, 152–53, 156; in public defender’s office, 111–12 Siemsen, Cynthia, 211n.27 Simpson, O. J., trial of, 68, 94, 95, 175–76 Smith, Susan, 94, 95 social distancing, 194–95, 201–3


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