{"title":"被告的自愿参与对刑事司法专业人员有什么影响?","authors":"CYRUS TATA","doi":"10.1111/jols.12555","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 S1","pages":"S140-S147"},"PeriodicalIF":1.9000,"publicationDate":"2025-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12555","citationCount":"0","resultStr":"{\"title\":\"What does the showing of voluntary participation by the defendant do for criminal justice professionals?\",\"authors\":\"CYRUS TATA\",\"doi\":\"10.1111/jols.12555\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>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.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"52 S1\",\"pages\":\"S140-S147\"},\"PeriodicalIF\":1.9000,\"publicationDate\":\"2025-07-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12555\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.12555\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12555","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
What does the showing of voluntary participation by the defendant do for criminal justice professionals?
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.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.