Picture of DNA strand

Pioneering chemical biology & medicinal chemistry through Open Access research...

Strathprints makes available scholarly Open Access content by researchers in the Department of Pure & Applied Chemistry, based within the Faculty of Science.

Research here spans a wide range of topics from analytical chemistry to materials science, and from biological chemistry to theoretical chemistry. The specific work in chemical biology and medicinal chemistry, as an example, encompasses pioneering techniques in synthesis, bioinformatics, nucleic acid chemistry, amino acid chemistry, heterocyclic chemistry, biophysical chemistry and NMR spectroscopy.

Explore the Open Access research of the Department of Pure & Applied Chemistry. Or explore all of Strathclyde's Open Access research...

'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

[img] Text (Tata-JLS-2019-Ritual-individualisation-creative-genius-at-sentencing)
Tata_JLS_2019_Ritual_individualisation_creative_genius_at_sentencing.pdf
Accepted Author Manuscript
Restricted to Repository staff only until 26 November 2019.

Download (430kB) | Request a copy from the Strathclyde author

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.