New Directions for Research and Policy

Tata, Cyrus

doi:10.1007/978-3-030-01060-7_7

Cited by 3 publications

(3 citation statements)

References 36 publications

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“…Whereas moral assessments based on 'bad' character were central to early modern English criminal trials (Lacey, 2017), they mainly feature now at the sentencing stage. This is particularly relevant in respect of mitigating factors, which, along with aggravating factors, exert a 'powerful influence' over sentencing outcomes, despite having attracted limited theoretical or doctrinal reflection or even discussion by judges (Hutton, 2006;Manson, 2011;Roberts, 2011;Tata, 2020). The preoccupation with capacity responsibility, I suggest, may elide the ways in which realities about addiction, and how the addict is constituted as a particular kind of governable subject, are multiple and not tied to the singular question of volition.…”

Section: Approach: Responsibility and The Ontological Politics Of Add...mentioning

confidence: 99%

Who is the Addict-Offender? A Historical Ontology

Flacks

2023

Social & Legal Studies

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The relationship between addiction and crime, and the political preoccupation with the addict-offender, has been the source of some academic commentary. However, most of this research assumes that the concept of ‘addiction’ – however determined – is a relatively stable and uniform one, focusing for example on the links between an addict's capacity and their liability for offending prior to sentencing. In this article, a novel approach, rooted in the turn to ontology in social theory, is brought to bear on addiction as a criminal concern. It involves a historical study of reported sentencing decisions in which judges attempt to stabilise the notion of the addict-offender. The findings point to both continuity and change in criminal framings of addiction over time, exposing differences in approaches to alcohol compared with other drugs. They also suggest that the dominance of questions about capacity when it comes to apportioning responsibility to the addict-offender neglects the importance of concerns about character and risk to decision-making practices.

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Section: Approach: Responsibility and The Ontological Politics Of Add...mentioning

confidence: 99%

Who is the Addict-Offender? A Historical Ontology

Flacks

2023

Social & Legal Studies

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“…Millie, Tombs & Hough (2007) discuss the process by which custodial sentences are imposed in ‘borderline’ cases (i.e., those which might attract a community penalty or a short period of custody), not because the sentencer believes custody will ‘work’, but as a ‘last resort’ because other sentences, including community sentences, are seen as having ‘failed’ or are simply as not being appropriate (see also Velasquez Valenzuela, 2018). More fundamentally, both among advocates of penal restraint and among punitively‐oriented conservatives, there exists a conceptual model of sentencing which is underpinned by an assumption of ‘property‐owning autonomous individualism’; one that downplays the social and relational character of the sentencer's decision‐making process and that individualises the social and structural problems implicated in offending (Jamieson, 2021; Tata, 2020; Velasquez Valenzuela, 2018).…”

Section: Missing the Markmentioning

confidence: 99%

Progressive penality as performance

Buchan

McNeill

2023

Howard J Crime Justice

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Scotland's prison population remains stubbornly high despite reforms to sentencing and community penalties (most recently in 2016). Seeking to advance the debate on punishment in Scotland, we use empirical data to support a novel theoretical synthesis of the ‘agonistic framework’ and ‘performative regulation’. We argue that these reforms appear oriented towards decarceration, without substantively engaging with the drivers of imprisonment, and hence exemplify the ‘performative’ nature of much Scottish penal policy. The ‘performance’ is shaped by countervailing political constraints on the Scottish Nationalist government, amid continued debate over independence – but truly progressive penal policy requires radical and substantive responses to the problems that punishment seeks to address.

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“…While part of this research focuses on professionals' management of emotions (Bergman Blix and Wettergren, 2018;Flower, 2019;Mack and Roach Anleu, 2005), other studies have described how legal professionals interpret lay people's expressions and how, for example, one may evaluate defendants' remorse in relation to questions of guilt and punishment (e.g. Bandes, 2014;Johansen, 2019;Tata, 2010Tata, , 2020van Oorschot et al, 2017). Defendants' emotional reactions have thus been subject to extensive research interest; however, victims' emotions and the impact they have on legal professionals remain less well-explored, just as differences between the roles of the police and courtroom actors are seldom explored within the same research projects on victims (for exceptions, see Shapland et al, 1985).…”

Section: Introductionmentioning

confidence: 99%

The power of professional ideals: Understanding and handling victims’ emotions in criminal cases

Johansen

Adrian

Asmussen

et al. 2022

International Review of Victimology

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This article explores how criminal justice actors interpret and process victims’ emotional expressions. On the basis of a qualitative study on the interactions between legal institutions and victims of violence in Denmark, the article demonstrates how police officers, prosecutors, victims’ counsel and judges each separately understand and evaluate victims’ emotional reactions. These actors interpret victims’ feelings according to their own professional roles and motivations so as to gain an overview of a case and the actions required of them in relation to it, resulting in quite different perceptions of victims’ needs and degree of trustworthiness. At the same time, professionals also interact across institutions by writing and exchanging case files, and in so doing police officers’ perceptions of victim reactions are often disclosed to both prosecutors and judges. This article contributes to existing knowledge of how different professional ideals specifically influence the handling of victims and their emotional needs, while the more general consensus on ‘appropriate emotions’ simultaneously generates knowledge across professions and institutional settings.

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New Directions for Research and Policy

Cited by 3 publications

References 36 publications

Who is the Addict-Offender? A Historical Ontology

Who is the Addict-Offender? A Historical Ontology

Progressive penality as performance

The power of professional ideals: Understanding and handling victims’ emotions in criminal cases

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