Investigating trial spaces: Thinking through legal spatiality beyond the court

Abstract

Abstract This paper examines how the spaces through which legal trials take place shape attitudes towards justice. There has been a growing academic interest in the role of courts in configuring the relationships between trial participants and consequently reproducing pre‐established hierarchies of power. This paper builds on this work to consider the spatiality of trials from the perspective of a particular group of court users: defendants. Drawing on qualitative data drawn from a longitudinal study conducted in prisons in England and Wales, the paper examines how defendants perceive trial spaces, exploring in particular how such insights expand beyond the narrow focus on the courtroom to draw in experiences of transportation, holding cells, bodily restrictions, and the provision of food. In doing so, we seek to contribute to debates concerning penal consciousness, whereby the subjectivity and embodiment of individual participants illuminate differential experiences of the material and legal nature of trial processes. The paper concludes by emphasising how a focus on penal consciousness can help to address perceptions of the injustice of trial outcomes while improving the accessibility of courts.

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