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.

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Publication Details

Journal
The Howard Journal of Crime and Justice
Published
2024-11-26
DOI
https://doi.org/10.1111/hojo.12588
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00

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article

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

Julie Shaw, Claire Fitzpatrick, Jo Staines, Katie Hunter
The Howard Journal of Crime and Justice
Legal Issues in South Africa
article

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

Julie Shaw, Claire Fitzpatrick, Jo Staines, Katie Hunter
article en

Abstract

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.

The Howard Journal of Crime and JusticeVol. 64(2)
Manchester Metropolitan University (GB), University of Bristol (GB), Liverpool John Moores University (GB), Lancaster University (GB)
Nuffield Foundation
Gender equality
Openalex Percentile: Top 60%
Legal Issues in South Africa
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Power in the courtroom: Judicial perspectives on care‐experienced girls and women in court — Julie Shaw, Claire Fitzpatrick, et al. · The Howard Journal of Crime and Justice (2024) | TGRS Research Map | TGRS