A woman of 'violent and excitable temperament': Joint trials, gender and three cases of murder

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Abstract

Much of the research into the history of women's crime has examined the manner in which gender, class and race intersect to influence the perception of female defendants by juries and judges. However, trials may also be influenced by the use and interpretation of legal institutions and rules. This article, which examines the effect of co-accused status on the trials of women accused of murder in nineteenth- and early twentieth-century Western Australia, finds that women could be disadvantaged when tried with a co-accused. The co-accused status of the defendant, combined with issues of gender, race and class, may have influenced the jury's perception of female defendants. This article examines the cases of Margaret Cody and Bridget Hurford, little known but significant murder trials in Western Australian history, and that of Martha Rendell. It argues that these women were judged, by both society and the jury, on association of guilt and on gendered assumptions of femininity, rather than the evidence.
Original languageEnglish
Article number7
Pages (from-to)183-213
Number of pages31
JournalLaw & History
Volume9
Issue number2
Publication statusPublished - 1 Nov 2022

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