Safety, courts and crime: occupational safety and health prosecutions in the Magistrates' courts

作者: Richard Johnstone

DOI: 10.1080/14774003.2003.11667632

关键词:

摘要: This paper reports on an empirically based study of occupational safety and health prosecutions in the Magistrates' courts State Victoria, Australia. It examines way which construct issues during against alleged offenders, then theorises role criminal law regulation. The argues that courts, inspectors, prosecutors defence counsel are involved filtering or reshaping prosecution process, both pre-trial court. An analysis pattern investigation offences shows they constructed by focusing 'events', most cases incidents resulting injury death. 'event focus' ensures attention parties is drawn to details incident away from broader context event. includes work organised at workplace quality management (the micro context), pressures within capitalist production systems for be subordinated imperatives macro context). In particular, court-based sentencing able adopt a range 'isolation' techniques isolate its contexts, thereby individualising decontextualising incident. concludes legal system plays key issues, this process part 'architecture' system, direct consequence 'form law'.

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