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Court, Consumerism and the Defendant

NCJ Number
167418
Journal
British Journal of Criminology Volume: 36 Issue: 4 Dated: (Autumn 1996) Pages: 498-509
Author(s)
J W Raine; M J Willson
Date Published
1996
Length
12 pages
Annotation
This article explores the development of consumerist principles in the context of courts and their treatment of defendants, and an initiative at Bexley Magistrates Court in England is noted as a case study that involves pre-hearings for defendants where advice and assistance are given in applying for legal aid and in obtaining legal services.
Abstract
In many respects, consumerism is at odds with judicial administration. There is an inherent tension between objectives of consumerism and managerialism that lie at the core of the Bexley Magistrates Court initiative on the one hand and requirements of fairness and due process in the organization and conduct of criminal cases on the other hand. Nonetheless, a balance is needed between defendant expectations of being treated reasonably and the special role and status of the court. As demonstrated in the Bexley Magistrates Court initiative, assistance to defendants at pre-hearings is best provided by parties who are clearly independent of the court. As long as court impartiality can be safeguarded, a strong case can be made for consumerist initiatives. 32 references and 3 tables