Work

Trapped in dichotomies and individualism: The Western criminal legal system's failure to capture complexity

Year: 2026

Type: article

Abstract: This article critiques the Western criminal legal systems’ individualism and reliance on dichotomies. Grounding our analysis in micro-level findings based on interviews from two studies on the experiences of repeatedly criminalised people in the UK, we aim to show how these dichotomies – criminal/non-criminal behaviour; guilt/innocence at event level; victim/offender flatten reality beyond recognition and allow individual(s) to be blamed and punished. In doing so, this paper seeks to create space beyond the societal ‘captive mind’, which uncritically accepts this version of criminal ‘justice’ as the right way to respond to ‘offending’. Drawing on decolonization thought and non-state justice mechanisms, it joins calls for different ways of seeing.

Source: Punishment & Society

DOI: 10.1177/14624745251410918

Authors: Marguerite Schinkel, Sarah Anderson

Institutions: University of Glasgow, Edinburgh Napier University

Language: English

Topic: Criminal Justice and Penology

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,650