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'Ritual individualisation' : creative genius at sentencing, mitigation and conviction

Tata, Cyrus (2019) 'Ritual individualisation' : creative genius at sentencing, mitigation and conviction. Journal of Law and Society, 46 (1). pp. 112-140. ISSN 0263-323X

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Abstract

Judges and lawyers must regard themselves as upholding cherished values, including: the presumption of innocence; free defendant choice and participation; and attention to the unique individual. Yet, everyday criminal work also demands compliance with a system of perfunctory, mass case-disposal. How is this potential contradiction addressed? Conceiving the criminal-penal process as a tripartite rite of passage, the article originates the concept of ‘Ritual Individualisation’ (RI). RI’s creative pre-sentencing case-work accomplishes four key transformations in how the person is re-presented to the court for sentencing. Firstly, the person’s unique voice and personal story is revealed, exhibiting her as a freely participating individual. Secondly in doing so, the pertinence of social disadvantage tends to be minimised. Thirdly, ambiguous admissions of guilt are translated as freely-given, full and sincere confessions. Fourthly, the person is manifested as a culpable offender ready for punishment. The article considers new research agendas opened up by the implications of Ritual Individualisation.

Item type: Article
ID code: 66232
Keywords: sentencing, individualisation, mitigation, conviction, guilty pleas, courts, criminal process, criminal justice, efficiency, professions, court communities, ritual, pre-sentence investigation, pre-sentence reports, Criminal justice administration, Social Sciences(all)
Subjects: Social Sciences > Social pathology. Social and public welfare > Criminal justice administration
Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
Depositing user: Pure Administrator
Date deposited: 28 Nov 2018 15:18
Last modified: 22 May 2019 00:45
URI: https://strathprints.strath.ac.uk/id/eprint/66232
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