By Doreen J McBarnet
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Additional resources for Conviction: Law, the State and the Construction of Justice
The situation reflected in the blatant contradiction in the judges' Rules has been achieved by the gradual refinements and vacillating metaphors oflegal reasoning by which the judges have established a limbo, sitting uneasily between the law of arrest and the law of interrogation. The protection offered by the principles of arrest and interrogation outlined above depends on a two-stage model of police-citizen 44 CONVICTION relations. One is either a citizen entitled to his freedom from arrest or the accused who, with a prima facie case against him, can be charged and if necessary taken into custody.
So you had to raise your voice so they'd hear you. Well maybe a wee bit. 24 Prosecutor: Accused: Prosecutor: CONVICTION So you were shouting and bawling. No. You just said you were! (Case I g) The right of the advocate not just to question but to sum up-a right denied to the witnesses themselves-allows still further editing, abstraction, and imputation of meaning to be imposed on what witnesses say. Interrogatory, adversary advocacy has another function. It not only organises proof; it also helps legitimise the outcome.
Paid little attention to how the law affects minor offences, the vast majority though they are. Sociologists have studied the petty offences, indeed concentrated on them, but not in relation to the law. Their interest has been in the very marginality of the behaviour and thus with a different question: how and why the police come to define specific incidents and people as criminal. g. , police stereotyping of blacks, or lower-class people, or mods and rockers, or bohemians as likely law-breakers, trouble-makers, drug-takers (Skolnick, I966; Young, I 97 I; Cohen, I 97 I); or on motivations behind the policeman's decision-personal ambitions, bureaucratic demands, the influence of family or colleagues (Cain, I973)-to explain why the police make such arrests.