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Standardization and the production of justice in summary criminal courts: a post human analysis

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journal contribution
posted on 2023-06-20, 14:17 authored by Lucy WelshLucy Welsh, Matt Howard
Since the 1980s, successive governments have become increasingly distrustful of professional judgment in those services which remain funded by the state, including the criminal justice system. Against this background, governments sought to increase efficiency in summary criminal courts. One way that this seems to have occurred is via the use of standardized forms in case progression. During 2013, Welsh conducted empirical research in which the reliance placed on standardized case management forms became apparent. We argue, drawing on post-humanist vocabularies to inform our analytic framework, that such documents may have shifted the temporality of summary criminal justice, which has the (perhaps unintended) consequence of (further) marginalizing defendant participation and limiting the types of legal issue that are litigated. These documents and processes, therefore, participate in the development of a particularized, and temporally situated, form of ‘justice’.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Social and Legal Studies

ISSN

0964-6639

Publisher

SAGE Publications

Issue

6

Volume

28

Page range

774-793

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Crime Research Centre Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-07-18

First Open Access (FOA) Date

2018-07-18

First Compliant Deposit (FCD) Date

2018-07-18

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