Negotiating release?: Analysing decision making in bail court

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...

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Bibliographic Details
Published in:Canadian journal of criminology and criminal justice
Main Author: Yule, Carolyn (Author)
Other Authors: Schuman, Rachel
Format: Electronic Article
Language:English
Published: 2019
In:Canadian journal of criminology and criminal justice
Year: 2019, Volume: 61, Issue: 3, Pages: 45-66
Online Access: Volltext (Verlag)
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Summary: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
ISSN:1911-0219
DOI:10.3138/cjccj.2018-0028