Conviction: Law, the State and the Construction of Justice by Doreen J McBarnet

By Doreen J McBarnet

Show description

Read or Download Conviction: Law, the State and the Construction of Justice PDF

Similar criminology books

Crime War Global Trafficking

Globalization creates profitable possibilities for traffickers of substances, soiled cash, blood diamonds, guns, and different contraband. potent countermeasures require foreign collaboration, yet what if a few international locations endure whereas others make the most of illicit exchange? in simple terms foreign associations with robust compliance mechanisms can make sure that profiteers won't keep away from their legislations enforcement duties.

Celebrity Culture and Crime: The Joy of Transgression (Cultural Criminology)

Within the twenty first century celebrities and big name tradition flourishes. This book explores the much famous yet little analyzed courting among big name and crime. Criminals who develop into celebrities and celebrities who develop into criminals are tested, drawing on Foucault's conception of governance.

Peterhead: The Inside Story of Scotland's Toughest Prison

Robert Jeffrey, writer of the bestselling "Barlinnie tale" and different actual crime books, now tells the notable tale of the notorious Peterhead legal in Scotland's some distance north-east. in-built the Eighties as a part of an formidable humanitarian plan to take advantage of convict labour to build a 'harbour of shelter' at the town's wild, storm-battered coast, it grew to become what a few name Scotland's gulag.

Additional resources for Conviction: Law, the State and the Construction of Justice

Example text

No person can be lawfully detained except after a charge has been made against him, and it is for this reason that I view with some uneasiness the situation disclosed in this case and illustrated by the recent cases of Rigg and Short, in which a suspect is neither apprehended nor charged but is simply 'asked' to accompany two police officers to a police office to be there questioned. ) But this uneasiness did not make itselffelt in a dictum prohibiting the practice. It would thus seem to be more of a gesture to the rhetoric which-however strongly felt-nonetheless upholds the limbo of interrogation in custody-an example indeed of how judicial ambivalence serves to bridge or at least blur the gap between the rhetoric and reality of law.

CONVINCING THE COURT Prosecutor 23 [sharply] Mr Sweeney, the question was very simple. Please answer yes or no. Don't volunteer anything. Understand? (Case g8) The questions 'should be clear and unambiguous and as short as possible, each raising a single point' (Walker and Walker, I975, p. 360) so particularising and abstracting the facts relevant for the case from the multiple possible facts of the incident. This style of presentation helps construct an idea of clear-cut proof, by filtering and controlling the information witnesses make available to the court, and so transforming what could emerge as an ambiguous welter of vying and uncertain perceptions into 'the facts of the case'.

Barry Cox ( I975) points out succinctly the gap between this ideology and practice: Detention for questioning is therefore in theory impossible; in practice 'helping the police with their inquiries' is a daily event. (p. I72) How is this possible? Partly because of the simple fact that if such arrest is impossible in theory it is nonetheless perfectly possible in law. Although they are much referred to as a symbol oflegality, the Judges' Rules are not law, only principles for administrative guidance.

Download PDF sample

Rated 4.15 of 5 – based on 15 votes