Negotiating Release? Analysing Decision Making in Bail Court

Autor: Carolyn Yule, Rachel Schumann
Rok vydání: 2019
Předmět:
Zdroj: Canadian Journal of Criminology and Criminal Justice. 61:45-66
ISSN: 1911-0219
1707-7753
DOI: 10.3138/cjccj.2018-0028
Popis: The vast majority of accused in Canada are released on bail with conditions pending the resolution of their case. As members of the court-room workgroup, the defence, the Crown, and the Justice of the Peace (JP) are tasked with negotiating a set of release conditions in a timely fashion; yet little work has attempted to understand how exchanges between these court-room participants shape the number and type of bail conditions imposed and how closely their in-court actions align with their legally mandated roles. Data collected from court-room observations of 257 bail cases in southwestern Ontario show that the distinct occupational roles of the defence, the Crown, and JPs are blurred within bail proceedings, contributing to a culture of numerous conditions and restrictive releases.
Databáze: OpenAIRE