Trapped in dichotomies and individualism: The Western criminal legal system's failure to capture complexity

This article critiques the Western criminal legal systems’ individualism and reliance on dichotomies. Grounding our analysis in micro-level findings based on interviews from two studies on the experiences of repeatedly criminalised people in the UK, we aim to show how these dichotomies – criminal/non-criminal behaviour; guilt/innocence at event level; victim/offender flatten reality beyond recognition and allow individual(s) to be blamed and punished. In doing so, this paper seeks to create space beyond the societal ‘captive mind’, which uncritically accepts this version of criminal ‘justice’ as the right way to respond to ‘offending’. Drawing on decolonization thought and non-state justice mechanisms, it joins calls for different ways of seeing.

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Publication Details

Journal
Punishment & Society
Published
2026-01-14
DOI
https://doi.org/10.1177/14624745251410918
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Trapped in dichotomies and individualism: The Western criminal legal system's failure to capture complexity

Marguerite Schinkel, Sarah Anderson
Punishment & Society
Criminal Justice and Corrections Analysis
article

Trapped in dichotomies and individualism: The Western criminal legal system's failure to capture complexity

Marguerite Schinkel, Sarah Anderson
article en

Abstract

This article critiques the Western criminal legal systems’ individualism and reliance on dichotomies. Grounding our analysis in micro-level findings based on interviews from two studies on the experiences of repeatedly criminalised people in the UK, we aim to show how these dichotomies – criminal/non-criminal behaviour; guilt/innocence at event level; victim/offender flatten reality beyond recognition and allow individual(s) to be blamed and punished. In doing so, this paper seeks to create space beyond the societal ‘captive mind’, which uncritically accepts this version of criminal ‘justice’ as the right way to respond to ‘offending’. Drawing on decolonization thought and non-state justice mechanisms, it joins calls for different ways of seeing.

Punishment & Society
Edinburgh Napier University (GB), University of Glasgow (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 90%
Criminal Justice and Corrections Analysis
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