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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| Format: | Electronic Article |
| Language: | English |
| Published: |
2019
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| In: |
Canadian journal of criminology and criminal justice
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| Online Access: |
Volltext (Verlag) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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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 |
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| ISSN: | 1911-0219 |
| DOI: | 10.3138/cjccj.2018-0028 |