Criminal Women Were Prosecuted On The Human Rights Protection System

In recent years, research into the rights of suspects and defendants has been heating up, both in China and in other countries. However, there is still a lack of detailed analysis for suspects and defendants from minority groups. So far, studies of this issue have focused on the crimes of minors and the judicial process in those cases. The question of protecting the rights of other minority groups has not yet been properly addressed. It has not yet been determined what protective measures are in place, let alone those that should be in place. This thesis will provide analysis on one of these neglected minority groups; it will discuss the rights of female suspects and defendants. This thesis will discuss measures to protect the rights of female suspects and defendants during the prosecution process, explaining why such measures are necessary and how best to establish them.The thesis is made up of the introduction, the main argument and the conclusion. The main argument consists of five chapters.The first chapter establishes the need for special protective measures for female suspects and defendants. Women are different to men, physiologically, psychologically, socially and historically. For equal treatment to be a reality, these differences should be addressed with special protective measures in the prosecution process. This refers not only to physical differences, such as menstruation, but to psychological differences, such as a greater sensitivity to shame. The special measures would overcome these barriers to allow for equal treatment of men and women in the prosecution process and, perhaps, improve the rights of everybody. Secondly, such measures would have wider social implications. Traditionally, women around the world have not been accorded the same status as men in society. Even now, men tend to dominate in the legal profession. The rights of female suspects are often abused in practice. Special protective measures would improve this unfair situation. Thirdly, such measures would conform both to certain Chinese customs and to calls from judicial theorists to improve the prosecution process. It must be emphasized that such protective measures would not lead to inequality between the sexes. The end of the chapter addresses the issue of reverse discrimination that could arise from the special protection of female suspects and defendants.The second through to the fifth chapters are concerned with laying out a system for protecting female suspects and defendants.The second chapter deals specifically with the protection of female suspects, before the prosecution process begins. At this stage, human rights can be infringed upon more easily than during a trial. Special measures need to be taken to avoid having the female suspect suffer prejudice both for her sex and her possible crime. Following personal inquiries, the chapter makes several suggestions about improving the situation of the female suspect. For example, where a suspect fails to make bail, house arrest can be considered as an alternative to remand prison. If she is held in custody, provision should be made for the proper care of her child, should she have one.The third chapter investigates the rights of the female defendant during the trial. The chapter argues that female defendants should have female judges. In passing sentence, the judges should be fully apprised of the female defendant's personal situation, having access to a range of social information. They should also consider alternative forms of punishment rather than incarceration, to make the system cheaper and more efficient. For example, community service, an apology to the victim or compensation can serve the same purpose.The fourth chapter discusses the best way to implement protective measures at an organizational level. At present, two systems can work towards the protection of female defendants: female jurors and the Woman's Criminal Court. When the two are combined, the conditions are favorable for a fair, efficient trial of a female defendant in a stable and professional environment. This may require investment that is not currently feasible. An alternative to this would be to use either a Woman's Criminal Court or female jurors. During a trial, it is sometimes necessary to assign a counsel to the female defendant. The judges should also take the lead in clarifying the terminology being used in court and to explain the terms of the argument to the female defendant.The fifth chapter is concerned with effecting the changes suggested in the previous chapters. In order to make the ideas from the second, third and fourth chapters practicable, the following must be done. Firstly, the prosecution process must be more transparent and suspects' rights must be made clear and publicly available. Secondly, better legal aid must be provided to female defendants. A public law centre and other women's social organizations should be brought in to help to better protect the rights of female defendants. Thirdly, the quality of workers within the legal profession, both technically and ethically.