Through the Distorted Lens

This monograph analyses controversial trial outcomes (both civil and criminal) through a post-structural feminist lens of narrative creation. It considers how narratives are constructed in trials and how the admission or exclusion of evidence can lead to the formation of distorted narratives that produce flawed outcomes.

The book discusses contemporary evidential challenges surrounding the societal and legal framing of ‘truth’ within the Anglo-American trial process. It applies a post-structural feminist approach to examine how facts and rules are interpreted through the construction of legal stories. Chapters are organised to address key themes in high profile cases from around the globe. These include the cases of George Cardinal Pell, Johnny Depp and Amber Heard, Lawyer X, Brittany Higgins and Kathleen Folbigg. This book departs from previous publications, such as those with a traditional feminist perspective, in that it presents both sides of the distorted lens where a defendant is written into a story as both guilty and innocent. Its focus on cognitive and narrative processes provides insight into the role of narratives and evidence construction in the trial process, and how such processes are used by legal advocates.

This book would be of interest to scholars of legal psychology, criminology and socio-legal studies. It will also interest scholars and students of Evidence law, especially those studying miscarriages of justice.

Fiona C. Hum is Senior Lecturer, Monash University, teaching Evidence for over 20 years. Fiona is a solicitor and barrister of the Supreme Court of Victoria, practising for many years prior to academia. Her research interests include evidence, wrongful convictions, discrimination and injustice issues.