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UFP, Barcelona, 22nd May 2015 Feeling the difference: care ethics, emotional information & sentencing real people Dr Helen Brown Coverdale FHEA [email protected] @helencoverdale 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 McIvor 2009 – Offenders’ responses ‘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) 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) Visualising Care Ethics Practice Values CARE Attitude Integrity Traditional decision-making Helen Brown Coverdale [email protected] Care Ethics Relationships 11th February 2012 Care Ethics Relationships Care Ethics Needs? Housing? skills? Health? Employment? Care Ethics Relationships Interdependency Care Ethics Relationships Interdependency Responsibility Care Ethics Relationships Interdependency Responsibility Changes with time 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 practitioneroffender 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