Pub Date : 2022-11-28DOI: 10.1177/09646639221140796
Rebecca MF Hewer
Definitions of violence are never merely descriptive. Rather, defining violence is an evaluative and normative project, struggles over which reflect a range of contexts, particularly relations of power. Given this, I argue that feminists should focus on what understandings of violence achieve, rather than striving to provide a conclusive definition. This requires a critical genealogical analysis of discourse. In this article, I undertake such an analysis: exploring how a selection of 21 Westminster policy-actors define violence vis-à-vis sex-work/prostitution, and situating those definitions in the socio-political conditions of their production. I demonstrate how policy-actors drew on a range of logics and technical knowledge to variously frame sex-work/prostitution as reducible to, (irrevocably) associated with, and severable from violence in ways which – I argue – variously served hegemonic and counter-hegemonic ends.
{"title":"The Language of Violence: Exploring the Contested Relationship Between Violence Against Women and Sex-Work/Prostitution","authors":"Rebecca MF Hewer","doi":"10.1177/09646639221140796","DOIUrl":"https://doi.org/10.1177/09646639221140796","url":null,"abstract":"Definitions of violence are never merely descriptive. Rather, defining violence is an evaluative and normative project, struggles over which reflect a range of contexts, particularly relations of power. Given this, I argue that feminists should focus on what understandings of violence achieve, rather than striving to provide a conclusive definition. This requires a critical genealogical analysis of discourse. In this article, I undertake such an analysis: exploring how a selection of 21 Westminster policy-actors define violence vis-à-vis sex-work/prostitution, and situating those definitions in the socio-political conditions of their production. I demonstrate how policy-actors drew on a range of logics and technical knowledge to variously frame sex-work/prostitution as reducible to, (irrevocably) associated with, and severable from violence in ways which – I argue – variously served hegemonic and counter-hegemonic ends.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88720544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-28DOI: 10.1177/09646639221142028
Yu Chen
Although liability for transboundary pollution has been discussed widely and contentiously, the connection and intersection between how Public International Law (hereafter PubIL) and Private International Law (hereafter PrIL) address civil liability for transboundary pollution remain poorly understood. This book engages and provides a meaningful dialogue between these two fields, offering a unique perspective for the study of transboundary environmental disputes. It uses Canadian PrIL as a case study and relies on a variety of sources and instruments from European countries. Reassessing the relevance of earlier debates on transboundary pollution to the rise of human rights discourse, the book focuses on the private law aspects of environmental liability and examines how domestic PrIL reflects policies developed in international environmental law. Its real aim is to examine precisely how PrIL and its regulatory function fit into the current landscape of international environmental law (p. 21). Under international law, states are obligated to ensure Prompt and Adequate Compensation (the Compensation) to victims of transboundary pollution, through measures such as assuming liabilities or providing civil remedies. Although treaty-based civil liability regimes are difficult to implement because of conflicting state interests, PrIL may address the gap by helping victims to pursue claims against transboundary polluters. This first part of the book (chapter 1 and chapter 2) demonstrates that the journey from early work on state responsibility to increased treaty-making in the area of civil liability has not been entirely successful, but the effort of which provides the International Law Commission (ILC) with enough precedents to settle on a promising way forward (p. 76). Chapter 1 introduces and explores the concept of responsibility and liability in international environmental law, paving the way for the proliferation of civil liability regimes and the development of an obligation to ensure Compensation, and thus assesses the scope and content of that obligation. Guillaume argues that it is reasonable for international law to turn to civil liability as the main method to deal with transboundary pollution compensation. States can ensure the availability of compensation for transboundary pollution through non-treaty solutions that provide the necessary conditions for civil actions by strengthening domestic liability regimes. Domestic liability regimes, in turn, can only be effective if appropriate PrIL rules are in place because Book Reviews
{"title":"Book Review: Liability for Transboundary Pollution at the Intersection of Public and Private International Law (Hart Monographs in Transnational and International Law)","authors":"Yu Chen","doi":"10.1177/09646639221142028","DOIUrl":"https://doi.org/10.1177/09646639221142028","url":null,"abstract":"Although liability for transboundary pollution has been discussed widely and contentiously, the connection and intersection between how Public International Law (hereafter PubIL) and Private International Law (hereafter PrIL) address civil liability for transboundary pollution remain poorly understood. This book engages and provides a meaningful dialogue between these two fields, offering a unique perspective for the study of transboundary environmental disputes. It uses Canadian PrIL as a case study and relies on a variety of sources and instruments from European countries. Reassessing the relevance of earlier debates on transboundary pollution to the rise of human rights discourse, the book focuses on the private law aspects of environmental liability and examines how domestic PrIL reflects policies developed in international environmental law. Its real aim is to examine precisely how PrIL and its regulatory function fit into the current landscape of international environmental law (p. 21). Under international law, states are obligated to ensure Prompt and Adequate Compensation (the Compensation) to victims of transboundary pollution, through measures such as assuming liabilities or providing civil remedies. Although treaty-based civil liability regimes are difficult to implement because of conflicting state interests, PrIL may address the gap by helping victims to pursue claims against transboundary polluters. This first part of the book (chapter 1 and chapter 2) demonstrates that the journey from early work on state responsibility to increased treaty-making in the area of civil liability has not been entirely successful, but the effort of which provides the International Law Commission (ILC) with enough precedents to settle on a promising way forward (p. 76). Chapter 1 introduces and explores the concept of responsibility and liability in international environmental law, paving the way for the proliferation of civil liability regimes and the development of an obligation to ensure Compensation, and thus assesses the scope and content of that obligation. Guillaume argues that it is reasonable for international law to turn to civil liability as the main method to deal with transboundary pollution compensation. States can ensure the availability of compensation for transboundary pollution through non-treaty solutions that provide the necessary conditions for civil actions by strengthening domestic liability regimes. Domestic liability regimes, in turn, can only be effective if appropriate PrIL rules are in place because Book Reviews","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72738138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1177/09646639221140799
S. Halliday
a preoccupation with the intricacies of governance leads to the legal elements being margin-alised or washed out from the analysis … How does this approach, centred on the effectiveness by which public policy is implemented, differ from what students of public administration, public policy or public management do? What is the distinctively legal angle?
{"title":"Law and Legitimacy in Administrative Justice Research","authors":"S. Halliday","doi":"10.1177/09646639221140799","DOIUrl":"https://doi.org/10.1177/09646639221140799","url":null,"abstract":"a preoccupation with the intricacies of governance leads to the legal elements being margin-alised or washed out from the analysis … How does this approach, centred on the effectiveness by which public policy is implemented, differ from what students of public administration, public policy or public management do? What is the distinctively legal angle?","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85861938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.1177/09646639221138723
A. Yong
The EU Settlement Scheme (EUSS) is a transitory immigration regime rolled out by the Home Office as part of the measures for the UK withdrawing from the EU. More can be said about whether the EUSS can truly be hailed an overall “success”, as per official Government messaging, several years after its initial introduction. This paper evaluates this by considering two case studies of vulnerable immigrant women required to apply to the Scheme to successfully remain in the UK after the transition period: those at risk of or facing violence against women and girls (VAWG), and non-EU family members (NEFMs) of EU citizens. Using the theories of intersectionality and vulnerability, the paper outlines how gender and immigration status intersect to make women more vulnerable by virtue of the legal framework of the EUSS and its criteria, arguing that it entrenches intersectional oppression faced uniquely by these women.
{"title":"A Gendered EU Settlement Scheme: Intersectional Oppression of Immigrant Women in a Post-Brexit Britain","authors":"A. Yong","doi":"10.1177/09646639221138723","DOIUrl":"https://doi.org/10.1177/09646639221138723","url":null,"abstract":"The EU Settlement Scheme (EUSS) is a transitory immigration regime rolled out by the Home Office as part of the measures for the UK withdrawing from the EU. More can be said about whether the EUSS can truly be hailed an overall “success”, as per official Government messaging, several years after its initial introduction. This paper evaluates this by considering two case studies of vulnerable immigrant women required to apply to the Scheme to successfully remain in the UK after the transition period: those at risk of or facing violence against women and girls (VAWG), and non-EU family members (NEFMs) of EU citizens. Using the theories of intersectionality and vulnerability, the paper outlines how gender and immigration status intersect to make women more vulnerable by virtue of the legal framework of the EUSS and its criteria, arguing that it entrenches intersectional oppression faced uniquely by these women.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90767284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-04DOI: 10.1177/09646639221137495
Le Cheng, Jiaxuan Qiu
general, Sex, Consent, and Justice: A New Feminist Framework is an excellent work in feminist legal and socio-legal studies. This book speaks to legal scholars, higher education students, and those interested in feminism, law, and restorative justice. Sikka traces the history of four feminist waves and critically examines consent and its iterations in traditional modalities of sexual ethics. Based on the drawbacks in the previous feminist thoughts and ethics of sex, Sikka creatively proposes a promising feminist framework, which corresponds to the central concerns of #MeToo movement and the logic of restorative justice. Using case studies, Sikka conducts her feminist legal studies in a factual background, and emphasizes the integrity of theory and practice throughout the book, making her work an academic book and guidelines for practice, and a milestone in the fi eld.
{"title":"Book Review: Sex, Consent and Justice: A New Feminist Framework","authors":"Le Cheng, Jiaxuan Qiu","doi":"10.1177/09646639221137495","DOIUrl":"https://doi.org/10.1177/09646639221137495","url":null,"abstract":"general, Sex, Consent, and Justice: A New Feminist Framework is an excellent work in feminist legal and socio-legal studies. This book speaks to legal scholars, higher education students, and those interested in feminism, law, and restorative justice. Sikka traces the history of four feminist waves and critically examines consent and its iterations in traditional modalities of sexual ethics. Based on the drawbacks in the previous feminist thoughts and ethics of sex, Sikka creatively proposes a promising feminist framework, which corresponds to the central concerns of #MeToo movement and the logic of restorative justice. Using case studies, Sikka conducts her feminist legal studies in a factual background, and emphasizes the integrity of theory and practice throughout the book, making her work an academic book and guidelines for practice, and a milestone in the fi eld.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75963570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.1177/09646639221134965
B. Herremans, Tine Destrooper
Truth is a central concept in the struggle for justice for Syrians. Many justice actors have turned to the tools and rhetoric of transitional justice to further the quest for justice and truth. Yet, while doing so has allowed them to generate some international attention for victims, the transitional justice paradigm has several pitfalls. For one, the dominant understanding of truth and truth-seeking embraced in formal mechanisms tends to be narrowly defined as forensic truth. We argue on the basis of interviews with Syrian justice actors and artists that informal, including artistic, practices can entail a thicker understanding of truth. They have the potential to disrupt several shortcomings of forensic understanding of truth and formal practices. They can ‘presence’ experiences of harm, accommodate multivocal truths, and enable epistemic resistance. Therefore, we consider how transitional justice as a field of scholarship and practice could better engage with truth-seeking in inconclusive contexts where formal truth mechanisms may be unavailable.
{"title":"Moving Beyond Formal Truth Practices and Forensic Truth in the Syrian Conflict: How Informal Truth Practices Contribute to Thicker Understandings of Truth","authors":"B. Herremans, Tine Destrooper","doi":"10.1177/09646639221134965","DOIUrl":"https://doi.org/10.1177/09646639221134965","url":null,"abstract":"Truth is a central concept in the struggle for justice for Syrians. Many justice actors have turned to the tools and rhetoric of transitional justice to further the quest for justice and truth. Yet, while doing so has allowed them to generate some international attention for victims, the transitional justice paradigm has several pitfalls. For one, the dominant understanding of truth and truth-seeking embraced in formal mechanisms tends to be narrowly defined as forensic truth. We argue on the basis of interviews with Syrian justice actors and artists that informal, including artistic, practices can entail a thicker understanding of truth. They have the potential to disrupt several shortcomings of forensic understanding of truth and formal practices. They can ‘presence’ experiences of harm, accommodate multivocal truths, and enable epistemic resistance. Therefore, we consider how transitional justice as a field of scholarship and practice could better engage with truth-seeking in inconclusive contexts where formal truth mechanisms may be unavailable.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86693949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-19DOI: 10.1177/09646639221122466
Clíodhna Murphy, David M. Doyle, S. Thompson
This article examines migrant workers’ experiences of state-constructed vulnerability to labour exploitation, through the case study of non-European Economic Area (EEA) migrant fishers in Ireland. It draws on the findings of interviews with 24 migrant fishers, together with information obtained from public bodies and legal analysis. Building on the work of Mantouvalou, Zou, and others, we demonstrate that the Irish legal and policy framework – most importantly, immigration law – places migrant fishers in a position of ‘hyper-dependency’ and ‘hyper-precarity’ in their work relations. We outline how this state-constructed vulnerability to labour exploitation is experienced in practice through an in-depth account of the interviewees’ experiences of working conditions; immigration status; and racism and discrimination at work. In particular, the interviews reveal the work permit scheme for non-EEA fishers to be a powerful structure of exploitation, within which workers have little bargaining power and protective employment mechanisms are rendered ineffective.
{"title":"Workers’ Perspectives on State-Constructed Vulnerability to Labour Exploitation: Experiences of Migrant Fishers in Ireland","authors":"Clíodhna Murphy, David M. Doyle, S. Thompson","doi":"10.1177/09646639221122466","DOIUrl":"https://doi.org/10.1177/09646639221122466","url":null,"abstract":"This article examines migrant workers’ experiences of state-constructed vulnerability to labour exploitation, through the case study of non-European Economic Area (EEA) migrant fishers in Ireland. It draws on the findings of interviews with 24 migrant fishers, together with information obtained from public bodies and legal analysis. Building on the work of Mantouvalou, Zou, and others, we demonstrate that the Irish legal and policy framework – most importantly, immigration law – places migrant fishers in a position of ‘hyper-dependency’ and ‘hyper-precarity’ in their work relations. We outline how this state-constructed vulnerability to labour exploitation is experienced in practice through an in-depth account of the interviewees’ experiences of working conditions; immigration status; and racism and discrimination at work. In particular, the interviews reveal the work permit scheme for non-EEA fishers to be a powerful structure of exploitation, within which workers have little bargaining power and protective employment mechanisms are rendered ineffective.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81234629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-17DOI: 10.1177/09646639221094149
Nadine El-Enany
This paper explores how love, grief and kinship operate in families’ struggles for truth and justice following a death in custody of a racialised person in England and Wales. Racialised people are disproportionately vulnerable to dying in police custody. Family experiences following a custodial death are characterised by difficulty in obtaining information, delays in processes, a lack of responsiveness from authorities and an absence of resolution. Love, grief and kinship form the initial springboard for families’ legal battles for justice, with women often taking leading roles in demanding state accountability through legal action and community-based campaigns. While kinship ties have traditionally been understood in mainstream scholarship as closing off family units and mitigating against principles of egalitarianism and solidarity, families’ justice campaigns challenge this narrative. Families can become politicised in the course of struggle, forming alliances with groups proclaiming broader antiracist goals. This paper reveals the subversive potential of love, grief and kinship in struggles for justice in racialised death in custody cases.
{"title":"From Love to Justice: Families’ Interrogation of Racial State Violence","authors":"Nadine El-Enany","doi":"10.1177/09646639221094149","DOIUrl":"https://doi.org/10.1177/09646639221094149","url":null,"abstract":"This paper explores how love, grief and kinship operate in families’ struggles for truth and justice following a death in custody of a racialised person in England and Wales. Racialised people are disproportionately vulnerable to dying in police custody. Family experiences following a custodial death are characterised by difficulty in obtaining information, delays in processes, a lack of responsiveness from authorities and an absence of resolution. Love, grief and kinship form the initial springboard for families’ legal battles for justice, with women often taking leading roles in demanding state accountability through legal action and community-based campaigns. While kinship ties have traditionally been understood in mainstream scholarship as closing off family units and mitigating against principles of egalitarianism and solidarity, families’ justice campaigns challenge this narrative. Families can become politicised in the course of struggle, forming alliances with groups proclaiming broader antiracist goals. This paper reveals the subversive potential of love, grief and kinship in struggles for justice in racialised death in custody cases.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74105346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-07DOI: 10.1177/09646639221128741
A. Winter
Cheng L and Cheng W (2012) Legal interpretation: meaning as social construction. Semiotica 192: 427–448. Cheng L, Ye N and Machin D (2020) Introduction: a sociosemiotic exploration of identity and discourse. Semiotica 2020(236-237): 395–404. Herman JL (1992) Trauma and Recovery. New York: Basic Books. McAlinden AM (2022) Reconceptualising ‘risk’: towards a humanistic paradigm of sexual offending. Social & Legal Studies 31(3): 389–408. Stychin C (2013) Law’s desire: Sexuality and the limits of justice. Abingdon: Routledge.
{"title":"Book Review: It Can Happen Here: White Power and the Rising Threat of Genocide in the US","authors":"A. Winter","doi":"10.1177/09646639221128741","DOIUrl":"https://doi.org/10.1177/09646639221128741","url":null,"abstract":"Cheng L and Cheng W (2012) Legal interpretation: meaning as social construction. Semiotica 192: 427–448. Cheng L, Ye N and Machin D (2020) Introduction: a sociosemiotic exploration of identity and discourse. Semiotica 2020(236-237): 395–404. Herman JL (1992) Trauma and Recovery. New York: Basic Books. McAlinden AM (2022) Reconceptualising ‘risk’: towards a humanistic paradigm of sexual offending. Social & Legal Studies 31(3): 389–408. Stychin C (2013) Law’s desire: Sexuality and the limits of justice. Abingdon: Routledge.","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75617789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.1177/09646639221076099
Esther Nir, Jennifer Musial
COVID-19 placed unprecedented strains on criminal court systems, necessitating moves to digital platforms with little preparation. To study the influence of virtual courtrooms on defendant rights (e.g. effective assistance of counsel, speedy and public trials, among others), we qualitatively analyzed the journals of 44 student court watchers, documenting their observations of online court proceedings in a single state in the Northeastern United States. We find that virtual courtrooms are highly disorganized and fraught with technical malfunctions, compromising defendants' appearances online, and impeding their ability to confer with counsel and address the court. Defendants with less access to digital platforms and incarcerated individuals are disproportionately impacted. Further, court actors tend to treat virtual court in a casual manner and are often unprepared to litigate cases, resulting in undue delays, and extended periods of pre-trial detention. Policy recommendations to improve technologies and administrative procedures are discussed.
{"title":"Zooming In: Courtrooms and Defendants' Rights during the COVID-19 Pandemic.","authors":"Esther Nir, Jennifer Musial","doi":"10.1177/09646639221076099","DOIUrl":"10.1177/09646639221076099","url":null,"abstract":"<p><p>COVID-19 placed unprecedented strains on criminal court systems, necessitating moves to digital platforms with little preparation. To study the influence of virtual courtrooms on defendant rights (e.g. effective assistance of counsel, speedy and public trials, among others), we qualitatively analyzed the journals of 44 student court watchers, documenting their observations of online court proceedings in a single state in the Northeastern United States. We find that virtual courtrooms are highly disorganized and fraught with technical malfunctions, compromising defendants' appearances online, and impeding their ability to confer with counsel and address the court. Defendants with less access to digital platforms and incarcerated individuals are disproportionately impacted. Further, court actors tend to treat virtual court in a casual manner and are often unprepared to litigate cases, resulting in undue delays, and extended periods of pre-trial detention. Policy recommendations to improve technologies and administrative procedures are discussed.</p>","PeriodicalId":47163,"journal":{"name":"Social & Legal Studies","volume":null,"pages":null},"PeriodicalIF":1.6,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8804712/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90880866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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