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The McDonaldization of Justice and the Disappearance of Fair Trial?
11th Conference on ‘The future of Adversarial and Inquisitorial Systems’ Criminal Justice Centre and School of Law, University of Warwick, UK
2-4 April 2020
Are preoccupations with managerialism, cost saving, preventive justice and the avoidance of trial supplanting the values of adversarial and inquisitorially rooted systems of criminal justice? What model of efficiency do these trends promote? As the trial becomes increasingly rare, along with opportunities to challenge the reliability of evidence, the accused finds herself encouraged to make an admission at the earliest opportunity based on the information gathered during the police investigation. The presence of defence counsel at strategic points in the process lends some legitimacy, but the practices of law reflect little of the safeguards and values so celebrated in the rhetoric of both adversarial and inquisitorial-type systems. Processes are being ‘simplified’ – not in ways that make the process clear and easy to navigate – but through the removal of fundamental safeguards deemed too costly and time-consuming such as juries, judicial investigation, or any form of trial or contestation of charges. Added to this are new types of evidence, gathered in as yet unregulated ways, the nature and provenance of which require careful scrutiny if they are to form the basis of prosecution and conviction. The result is what has been described by Ritzer as a kind of McDonaldisation of criminal justice. From a comparative perspective, this conference invites consideration of core issues within this theme. This might include, for example, the Swiss penal order and other ways of avoiding trial; how the defence is co-opted to provide guarantees that enable other safeguards to be reduced; the broad shift away from judicial and court roles, to a stronger prosecution function; or the role of machine learning (AI) in criminal justice. This is the 11th conference in the series, the result of a collaboration between the Universities of Basel, Bologna, North Carolina, Warwick and Duke University. The first part of the conference on Thursday 2 April is dedicated to panel presentations by Early Career Researchers from across Europe and North America. This is followed by the main conference on Friday 3 and Saturday 4 April 2020. This will include a panel discussing themes connected to Hodgson’s “The Metamorphosis of Criminal Justice” (April 2020, OUP, https://global.oup.com/academic/product/the-metamorphosis-of-criminal-justice-9780199981427?q=hodgson&cc=gb&lang=en If you would like to join us, please register at [email protected] Attendance at the conference is free, but if you would like to join the dinner on Friday evening, this is £35 (please request your place when registering).
Thursday 2 April 2020 – Early Careers Conference
09:30-09:50 Registration
09:50-10:00 WELCOME
Jackie Hodgson (Warwick) and Solange Mouthaan (Warwick)
10:00-11:20 (I) EVIDENCE
Chair Laurene Soubise, Liverpool
Matt Thomason, Nottingham The Managerialism of Criminal Evidence: Pressures to agree evidence
Satwant Kaur, Warwick The ICC and collection of evidence
Isadora Neroni Rezende, Bologna Facial Recognition in Police Hands: Assessing the Clearview Case from an European Perspective
11:20-11:35 Coffee
11:35-12:35 (II) PROTECTING VULNERABLE PEOPLE
Chair Solange Mouthaan, Warwick
Dr Miranda Bevan, LSE At what cost? The criminalisation of children when austerity, adversity and the adversarial process collide
Travis Seale-Carlisle, Duke Assessing Pre-trial Services: A Quasi-Experimental Analysis of Outcomes in Durham, NC
12:35-13:35 Lunch
14:30-15:15 (III) TRIAL
Chair Mojca Plesnicar, Ljubljana
Sanjeeb Hossain, Warwick Trials in absentia at the International Crimes Tribunals of Bangladesh
Janneke de Snaijer, Basel Who is to blame if a car 'on autopilote' runs over a child? - New Responsibilities of Human Drivers as a Consequence to Driving Automation
Jay Gormley, Strathclyde The Inefficiency of Plea Bargaining
14:55-15:15 Coffee
15:15-16:15 (IV) OUTCOMES
Chair Giulio Illuminati, Bologna
Chris Riley, Warwick Comparative post-exoneration experiences of the wrongfully convicted
Dominik Tschudi, Basel Confiscation of Bitcoin? Cryptocurrencies and Criminal Justice Systems - the Swiss Approach to Seizure of Blockchain-based Assets
16:15 Concluding Comments
Friday 3 April 2020
09:00 Coffee
09:20-09:30 WELCOME
Andrew Sanders (Head, Warwick Law School) and Jackie Hodgson (Warwick)
09:30-11:00 (I) PROSECUTORIAL DISCRETION
Chair Sabine Gless, Basel
Discussant Andrew Sanders, Warwick
Rosa Anna Ruggiero, Tuscia Prosecutorial discretion versus mandatory prosecution of corporate crimes: the Italian experience
Sarah Summers, Zurich Prosecutors as Judges? The Case of the Swiss Summary Penalty Order
11:00-11:30 Coffee
11:30-13:00 (II) COURTROOM CULTURES
Chair Alan Norrie, Warwick
Discussant Jodie Blackstock, JUSTICE
John Jackson, Nottingham The Shrinking Orality/Confrontation Paradigm: Addressing the Fair Trial Deficit
Cyrus Tata, Strathclyde Efficiency v Participation? How ‘Humanisation Work’ resolves the legitimacy gap
13:00-14:30 Lunch
14:30-15:15 (III) METAMORPHOSIS OF CRIMINAL JUSTICE
Chair Michele Caianiello, Bologna
Stewart Field Managerialism & criminal justice in a comparative context
Sharon Weill, American University of Paris & Sciences-Po Slow Justice: French terrorism trials of foreign fighters
15:15-15:45 Coffee
15:45-17:00 (III) METAMORPHOSIS OF CRIMINAL JUSTICE
Chair Victor Tadros, Warwick
Discussant Jackie Hodgson, Warwick
Kent Roach, Toronto The Global Migration of the Criminal Cases Review Commission
Joe Kennedy, UNC The Punitive Imagination
17:00-18:00 Wine Reception
19:00 Dinner
Saturday 4 April 2020
09:30-11:15 (IV) ROBOJUSTICE Chair Jackie Hodgson, Warwick Discussant Nathan Griffiths, Warwick
Michele Caianiello, Bologna AI systems in the promotion of EU defence rights
Sabine Gless, Basel “Machine evidence” in the criminal trial? Germany & the US
Brandon Garrett, Duke Judging algorithms in forensics
11:15-11:30 Coffee
11:30-13:00 (V) NEW APPROACHES TO TRIAL Chair Joe Kennedy, UNC Discussant Kent Roach, Toronto
Mojca Plesnicar, Ljubljana Katja Šugman-Stubbs, Ljubljana & Slovenian Constitutional Court Radical changes in criminal procedure: the case of plea-bargaining in Slovenia
Jodie Blackstock, JUSTICE Rehabilitation and non-trial processes
13:00 Close of Conference