What does the showing of voluntary participation by the defendant do for criminal justice professionals?

Abstract

How do justice professionals, in their everyday practices, reconcile what they regard as their competing obligations: to allow participation and yet to conclude cases efficiently? This article argues that rather than doing so through individual self-talk denying the value of participation, or, by overt pressure on the defendant, professionals need to see evidence of apparent participation, often through the work shown to them by other professionals. ‘Humanisation work’ to inform the court, conducted, for example, by social work and probation staff, is a subtle yet potent way in which defendants are encouraged to admit guilt so as to show that they have been able freely to voice their unique story. The defendant's case can therefore be concluded with little conflict because she appears to the court to show that she freely accepts the legitimacy of its impending punishment. Future research directions are proposed.