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'Ritual Individualization': Creative Genius at Sentencing, Mitigation, and Conviction
Author(s) -
Tata Cyrus
Publication year - 2019
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/jols.12144
Subject(s) - punishment (psychology) , conviction , presumption of innocence , innocence , contradiction , criminology , presumption , law , genius , disadvantage , sociology , compliance (psychology) , criminal justice , psychology , social psychology , political science , epistemology , philosophy , developmental psychology
Judges and lawyers must regard themselves as upholding cherished values, including the presumption of innocence; free defendant choice and participation; and attention to the unique individual. Yet, everyday criminal work also demands compliance with a system of perfunctory, mass case disposal. How is this potential contradiction addressed? Conceiving the criminal‐penal process as a tripartite rite of passage, the article originates the concept of ‘Ritual Individualization’ (RI). RI's creative pre‐sentencing casework accomplishes four key transformations in how the person is re‐presented to the court for sentencing. First, the person's unique voice and personal story is revealed, exhibiting her as a freely participating individual. Secondly, in doing so, the pertinence of social disadvantage tends to be minimized. Thirdly, ambiguous admissions of guilt are translated as freely‐given, full, and sincere confessions. Fourthly, the person is manifested as a culpable offender ready for punishment. The article considers new research agendas opened up by the implications of Ritual Individualization.