Abstract
Scholars have criticized the gap between judicial work and the realities of prison life. In this article, drawn from qualitative findings from Supreme Court Judges in Israel, we analysed how such Judges negotiate their administrative judicial review over prison officials' decisions. We found that through their judicial review, the Judges either bureaucratise, re-sentence the prisoner or reform prison life. Each theme imagines differently both the purpose of judicial review, as well as the values, emotions, legal 'tool-kit', and players (prison service, the claiming prisoners) involved in the review process. The findings move the scholarly focus of judicial decision-making from the quantity to the quality of punishment and expand the understanding of judicial consciousness regarding prison life.
Original language | English |
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Pages (from-to) | 913-930 |
Number of pages | 18 |
Journal | British Journal of Criminology |
Volume | 64 |
Issue number | 4 |
DOIs | |
State | Published - 1 Jul 2024 |
Bibliographical note
Publisher Copyright:© 2023 The Author(s). Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved.
Keywords
- decision-making
- judicial consciousness
- judicial review
- prison conditions
- prisoners' rights