This blog sits as part of the ‘Vulnerable Accused’ theme of the British Society of Criminology’s Vulnerability Research Network, alongside the Vulnerable Accused work-in-progress forum (convened by Dr Roxanna Dehaghani, Dr Samantha Fairclough and Dr John Taggart). Its primary aims are to create an accessible space for academics of all stages, from all jurisdictions, to publish early research ideas or findings on the treatment of and support available to vulnerable individuals accused of a criminal offence and to connect academics, practitioners and policy-makers working and interested in these areas. We welcome submissions from each of those groups, broadly construed, as well as from individuals who have encountered the criminal justice system as the accused.
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Scope of the blog
The use of the term ‘vulnerability’ is increasing in public, political and academic discourse (see Misztal 2011); and is often used to refer to the neediest within society or those who are facing difficulty, risk or exposure. Derived from the Latin ‘vuln’ meaning ‘to wound’, vulnerability refers to the ‘[exposure] to the possibility of being attacked or harmed, either physically or emotionally’ (Soanes and Stevenson 2008, p. 1621). Yet, Fineman (2008) has argued that all individuals – and institutions – are vulnerable and instead the focus should be on how the state provides – or fails to provide – resilience to individuals and institutions.
Our view is that ‘vulnerability’ should not apply solely to one group as in doing so it may be dehumanising or ‘othering’. We recognise that vulnerability is not inherent to any one group of persons (for example persons with disabilities) but is instead created by many factors including the conditions of one’s treatment and experiences as they navigate the complexities of the criminal justice system (HMIC 2015).
The term ‘vulnerability’ can, therefore, be used to:
- refer to all individuals within a ‘vulnerable’ position (such as facing the criminal process)
- refer to specific categories of individuals within this who are less resilient due to their age, mental health or learning difficulties, physical disabilities, race, sex, or other differences.
From a cross-jurisdictional perspective, this blog aims to:
- Critically interrogate the usage of the term ‘vulnerability’ and to identify the ways in which vulnerability manifests within and during all aspects/stages of the criminal process;
- Explore the support available to individuals facing criminal accusations throughout the criminal process from academic, policy, and practice perspectives, including via appropriate adults, the provision of special measures, and legal representation;
- Examine the ways in which the criminal justice system can take into account the vulnerability of the suspect, defendant, accused, prisoner, and/or previously imprisoned individual, for example through:
- The operation of capacity-based criminal defences including the insanity defence and diminished responsibility
- The interrelationship between the criminal justice system and the forensic mental health system, including through the use of diversion and other restorative justice services, mental health courts and the broader human rights concerns (forced medical treatment and unlawful deprivations of liberty on the basis of risk or dangerousness).
- The role of finding defendants unfit to plead and the impact of Article 6(1) Right to Effective Participation.
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Submissions
We welcome contributions of around 1000-2000 words in Microsoft Word format. You should include a title and your affiliation with your submission.
Please ensure that your language is inclusive and accessible to a global generalist audience. If you are using field-specific or specialist language, please do explain any terms/phrases clearly at the start of the blog. Please also include hyperlinks to case law, reports, policy documents, and legislation discussed. We also ask that in text references are in Harvard format with a bibliography at the end.
We aim to provide a decision on the contribution within 10 working days of submission and publish soon thereafter.
Please send submissions to: s.fairclough@bham.ac.uk
