Power in the courtroom: Judicial perspectives on care-experienced girls and women in court

Abstract

This article focuses on rarely heard judicial perspectives, and the little explored challenges facing care-experienced girls and women in court. Drawing on semi-structured interviews with judges and magistrates, it reveals how the court process may be a disempowering and inadequate process for both the powerful and the powerless. Using the four elements of procedural justice as a lens to explore this – voice, trust, neutrality and respect – we highlight the immense challenges of achieving these goals for those with histories of being stigmatised and marginalised. In searching for solutions, the concept of ‘judicial rehabilitation’ enables consideration of how we might rehabilitate our systems and imagine a more hopeful approach to justice.