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Feeling the difference:care ethics, emotional information & sentencing
real people
Dr Helen Brown Coverdale FHEA [email protected] @helencoverdale
UFP, Barcelona, 22nd May 2015
emotional information – the missing pieces
Plea in mitigation
Pre-sentence report
Chinese whispers – adding opportunity for misunderstanding
Interactional justice – Feeling heard & included as equal
Interactional justice – Feeling included as equal
‘You don’t think you’re important enough to speak to a Sheriff. Cos you open your mouth maybe in court and … they would just go ‘silence’ (McIvor 2009, p.41 quoted offenders response)
He’ll listen to your point of view and there’s not many Sheriffs that will. He looks through the addiction, I think, and sees the person who is there.’ (McIvor 2009, p.41 quoted offenders response)
‘what’s good about it is because I’m getting treated now like a human being and an equal.’ (McIvor 2009, p.43 quoted offenders response)
McIvor 2009 – Offenders’ responses
Mair & Millings 2011 – Offenders’ responses
At the mainstream court:‘I know [nothing] of what’s happening, sometimes I don’t even speak and like they’ve done it all and I’m on my way and still don’t know what’s happened’ (Mair & Millings 2011, p.78)
At the problem-solving court:‘They pay more attention and they seem interested in what you say, even the bizzies here treat you with respect’ (Mair & Millings 2011, p.77)
Integrity
Practice Values
Attitude
CARE
Visualising Care Ethics
Traditional decision-making
Care Ethics
Relationships
Housing?
Health?Employment?
skills?
Needs?
Care Ethics
Relationships
Interdependency
Care Ethics
Relationships
Interdependency
Care Ethics
Responsibility
Relationships
Interdependency
Care Ethics
Changes with time
Responsibility
Care Ethics
Core themes
•Rationality•Interdependency•Responsibilities•Situatedness
Practices
•Valuing emotional information•Listening•Iterative practice
Care Ethics: resonances
Therapeutic jurisprudence:Drug Courts
•Regular, responsive, supportive contact between sentencer and offender•Medical model paradigmatic of caring practice•Requires :
Desistance paradigm:
•Supportive practitioner-offender relationships require:
•Valuing emotional information•Listening•Iterative practice
Context: Emotional, Personal, Social Information
Risks:May give rise to:•Bias•Prejudice•Interpreting need as Risk•Coerced care in some case?
Context: Emotional, Personal, Social Information
Risks:May give rise to:•Bias•Prejudice•Interpreting need as Risk•Coerced care in some case?
Responses:•Care ethics reflexive and reflective review practices•Basic rights•Principle of protecting the vulnerable•Developments in therapeutic & problem-solving jurisprudence•More research needed