Shaw, Joshua D. M., King, Tyler J., Kennedy, Liam (2023) Constructing Risk through Jurisdictional Talk: The Ontario Review Board Process under Part XX.1 of the Criminal Code. Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 38 (2). pp. 180-200. ISSN 0829-3201. (doi:10.1017/cls.2023.17) (KAR id:102923)
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Official URL: https://doi.org/10.1017/cls.2023.17 |
Abstract
The Ontario Review Board (ORB) makes and reviews dispositions that limit the freedoms of individuals found not criminally responsible (NCR) due to a “mental disorder.” Their dispositions must be responsive to the risk NCR individuals pose to the public. To assess how risk is measured, the authors studied twenty-six publicly accessible court files pertaining to the appeal of ORB dispositions. The authors studied hospital reports, the ORB’s dispositions, and transcripts of ORB hearings found in the court files. In this paper, the authors draw on institutional ethnography and critical legal theories of jurisdiction to analyze how certain citational practices—namely citation of closely related statutes and the ORB’s procedures—participate in structuring the ORB’s analysis of risk. The authors argue that risk becomes legible to participants in the NCR process through the intertextual mediation of these citations, which legitimize and naturalize the NCR individuals’ dependence on forensic institutions.
Item Type: | Article |
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DOI/Identification number: | 10.1017/cls.2023.17 |
Subjects: | K Law |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
Depositing User: | Joshua Shaw |
Date Deposited: | 24 Sep 2023 21:34 UTC |
Last Modified: | 25 Sep 2023 12:01 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/102923 (The current URI for this page, for reference purposes) |
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