By Doreen J McBarnet
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Extra resources for Conviction: Law, the State and the Construction of Justice
By concentrating on both the topic of these more marginal offences and the question ofhow police definitions are made, sociologists have quite logically been drawn into the operation of all sorts of non-legal influences on the police decision and away from the influence of the law itself. But the very fact that legal procedure was not a factor which they found confronting them much in their studies of routine police work is itself a matter worthy of some scrutiny. One simple but significant point implied by Maureen Cain on why there are so many marginal arrests is that they are easy.
375) The other circumstances indicate rather that the idea applies to unusual rather than average situations: the accused in the Aitken case was under seventeen, sick and mentally subnormal. The implication is therefore that there is nothing essentially unfair about interrogation in custody of a normal adult suspect. In any case in Chalmers v. Adv (1954) and in Miln v. Cullen (1967) 'fairness', introduced to protect the accused, took on a new twist-fairness meant not merely fairness to the accused but to the public interest and to the police in doing their job.
He is clearly guilty of this charge. 38 CONVICTION The companion in question might, however, have been relieved that he had not intervened if he had heard the accused's mother's account of her night in jail charged with breach of the peace when she went to protest, or if he had witnessed Case 13: Policeman: One youth ran towards us saying 'What are you taking him in for? It's a fucking liberty. ' He was cautioned and charged with breach of the peace. In any case, the prosecutor's argument was only about the credibility of the accused not the legality of the arrest.
Conviction: Law, the State and the Construction of Justice by Doreen J McBarnet