Who Said Anything About Justice? Bail Court and the Culture of Adjournment

Abstract

Abstract The criminal court is supposed to be a place of adversarial justice; however, these formal legal values do not appear to translate into practice. The courtroom workgroup, though made up of formal adversaries with widely divergent roles and objectives, is a community of workers whose shared interests include getting through the day as quickly and efficiently as possible. Using data from 142 days of bail court observation in Ontario the author argues that a “culture of adjournment” has taken over the bail process. Rather than the court being run by an efficient adversarial group of people processing criminal cases through the system, the courtroom has developed a culture that emphasizes the importance of expeditiously disposing of the daily docket over distributing justice.

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