Taken lives matter: open justice and recognition in inquests into deaths at the hands of the state

Abstract

Lord Neuberger describes open justice as a procedural principle requiring that ‘what goes on in court and what a court decides is open to scrutiny’ (Neuberger, 2011). The prime rationale given for this principle is that it is a safety check on procedural fairness. Such a conception of open justice applies on only a superficial level in inquests into use-of-force deaths at the hands of the state. This paper examines the practice of, and rationales behind, opening up use-of-force deaths at the hands of the state to scrutiny through inquests. They suggest a primarily intrinsic rather than instrumental link between openness and inquests’ purposes, which requires a reframing of traditional conceptions of open justice in this context. It is further argued that recognition theory can provide the normative link between openness and justice in these circumstances – a link that is implicit in the term ‘open justice’ but rarely explored in inquests.

Make believe: Police accountability, lying and anti-blackness in the inquest of Sean Rigg

“…In this light, facts are not purely and absolutely outside the epistemological framework of the inquisitorial legal investigation (Foucault, 2019;McIntosh, 2016). The Coroner's Court produces knowledge of a social death -a death that belongs in the social and for society to respond to (Fenwick, 1984).…”

Death of a Watchdog: Reduced Coverage of Coroners’ Inquests by Local Media

“…There has also been some examination of the importance of open justice, especially where death has occurred at the hands of the state, or in custody (McIntosh, 2016). This is a principle which is generally acknowledged by the Chief Coroner who issued guidance on what information should be made available before an inquest is held.…”

Shielded from Public View: An Analysis of the Media’s Construction of Deaths in Canadian Custody

“…Much of the existing research surrounding deaths in custody in North America and the UK has examined the official discourses found in institutional responses such as coroner's inquests or inquiries (Blue, 2017;Goldson, 2006;Mcintosh, 2016;Pemberton, 2008;Razack, 2015;Scraton & Chadwick, 1986;Scraton, 2002;) 3 , with some exceptions looking at the media coverage of these incidents (Ring, 2014;Wasserman, 2013, Bromwich, 2015Crepault & Kilty, 2017). 4 Much of this research has focused on deaths that have occurred while in police custody (Scraton & Chadwick, 1986;Razack, 2015;Pemberton, 2008;Blue, 2017), with some literature focused on deaths that have occurred in a jail or prison (Ring, 2014;Wasserman, 2013, Bromwich, 2015Crepault & Kilty, 2017).…”