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Authors:Denis Augustin Samnick Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Luiz Dal Santo, Máximo Sozzo Abstract: Theoretical Criminology, Ahead of Print. This introduction establishes the problem that the special issue addresses: punishment in global peripheries. Then, it justifies why analysing it is a timely task to examine such matters in the broader context of the growing debate on southernizing and decolonizing criminology, and more particularly, in punishment and society studies. Finally, the contents of the various articles comprised by this special issue and some of their common elements are briefly described. Citation: Theoretical Criminology PubDate: 2023-09-11T07:47:38Z DOI: 10.1177/13624806231199758
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Authors:Robert J Durán Abstract: Theoretical Criminology, Ahead of Print.
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Authors:RV Gundur Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Máximo Sozzo Abstract: Theoretical Criminology, Ahead of Print. This article presents a critical reflection on the task of reading penality from the periphery, adding to several significant contributions in punishment and society studies. It explores the center/periphery, North/South differentiations and their uses in recent social theory as a useful tool for studying contemporary penality at a global scale. It argues that previous modes of analysis did not put relations of inequality, subordination and dependence between different regions of the world in their agenda of research, because they were overwhelmingly concerned with penal processes and dynamics in the central contexts. Instead, it calls for placing at center stage the effects of imperialism and colonialism, in their different forms throughout history, in ways of thinking and acting in relation to penality and the center/periphery. From there, the article identifies some paradoxes and risks, as well as antidotes that provide a horizon for our future research. Citation: Theoretical Criminology PubDate: 2023-09-06T07:34:14Z DOI: 10.1177/13624806231199749
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Authors:Lucia Bracco Bruce Abstract: Theoretical Criminology, Ahead of Print. In this article, I critically assess the concept of resocialization through discussions with women in Santa Monica Prison, the largest women's prison in Peru in 2018 and with former women prisoners in 2021. Alongside the formal, institutional gendered and classed forms and ideas of resocialization imposed by the prison, the women themselves innovate and develop new, collective and individual pathways to change. While few entirely disrupt the traditional, gendered norms and penal expectations, in their everyday experiences and collective activities, women seek, and sometimes manage to free themselves from patriarchal mandates. Citation: Theoretical Criminology PubDate: 2023-09-04T07:02:36Z DOI: 10.1177/13624806231197641
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Authors:Fernando León Tamayo Arboleda, Mariana Valverde Abstract: Theoretical Criminology, Ahead of Print. Policing scholars have shown that logics of police governance that appear mutually exclusive can coexist in the same space and time. Within police institutions, we can find more military-like mindsets alongside democratic rationalities. We here present a novel theoretical perspective for understanding such coexistence. Instead of attempting to identify police rationalities by reference to organizational/structural factors such as subcultures, training, or firearms and other equipment, we show that contradictory logics of policing can coexist within the same force by differentiating policing's targets by space, temporality, and identity. To do so, we use the idea of “chronotope” to identify and understand how police officers decide between conflicting rationalities of policing. Citation: Theoretical Criminology PubDate: 2023-08-30T07:17:59Z DOI: 10.1177/13624806231196564
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Authors:Karan Tripathi Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Ailie Rennie Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Ignacio González-Sánchez Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Micheal P Taylor, Rosemary Ricciardelli Abstract: Theoretical Criminology, Ahead of Print. We conducted semi-structured interviews with 17 parole officers working in Canadian federal correctional services to understand how their perceptions mediate well-being. Our study elucidates dimensions of interactional justice related to three elements of nonverbal communication theory (i.e. haptics, proxemics and kinesics). By centralizing the voices of our participants, we show how nonverbal communication theory mediates organizational citizenship behaviour and the multi-construct concepts of justice. Framing interpretations with how public employees interact, we reflect on the impacts to which correctional workers—as public safety employees—perceive their criminal justice employment. We argue exploration into nonverbal communication, and a deeper understanding of how correctional services govern, may provide structural accountability by closing a loop in organizational knowledge flow. Citation: Theoretical Criminology PubDate: 2023-08-21T05:33:21Z DOI: 10.1177/13624806231195839
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Authors:Ebony Reid, Jonathan Ilan Abstract: Theoretical Criminology, Ahead of Print. This article presents ethnographic and media analysis that explores how Islam has come to shape conceptions of the material, sacred, crime and redemption in contemporary English street culture. Islam’s clear dichotomy between the mundane ‘Dunya’ and sacred ‘Deen’ shape how socio-economically marginalised, ethnic minority men make sense of the world around them. Stark inequalities have tainted the material world for the UK’s most disadvantaged, prompting them to seek redemption entirely outside it – in the world of the sacred where they can experience warmth. In analysing their experiences we highlight how paths to desistance have arguably been overlooked where analyses of Islam in street culture have focused on questions of radicalisation. Citation: Theoretical Criminology PubDate: 2023-08-14T06:02:08Z DOI: 10.1177/13624806231184172
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Authors:Enshen Li Abstract: Theoretical Criminology, Ahead of Print. In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance. Citation: Theoretical Criminology PubDate: 2023-08-02T06:18:24Z DOI: 10.1177/13624806231189266
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Authors:Layla Skinns, Andrew Wooff, Lindsey Rice Abstract: Theoretical Criminology, Ahead of Print. In this article, we examine detainee experiences of dignity in police detention through the lens of materiality. To do this, we draw on sociological and anthropological literature on the ‘material turn’ and its application to criminal justice settings, and a mixed-methods study of police custody in England and Wales. First, we conceptualise different dimensions of materiality in police custody. Second, we show how some forms of materiality, in conjunction with staff–detainee relationships, shape detainee dignity rooted in equal worth, privacy and autonomy. Third, we examine how the intertwining of the social and material in police custody opens up new possibilities for theorising police work. The materiality of police work is active, not just symbolic. Alongside social relations, it shapes citizen experiences of the police, including of ‘hard’ and ‘soft’ forms of policing, and by implication, pain and injustice. Materiality therefore provides a further way of theorising the production of social order inside and outside police detention. Citation: Theoretical Criminology PubDate: 2023-07-21T06:07:24Z DOI: 10.1177/13624806231184827
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Authors:Ron Dudai Abstract: Theoretical Criminology, Ahead of Print. There is a growing position among human rights advocates, academics and UN officials, predicting “the death of the death penalty”, and forecasting that it will completely disappear soon. This article questions and problematizes this prediction, exploring the assumptions, premises and gaps that underpin the optimistic outlook. Based on analysis of abolitionist discourse, three fallacies are identified and analyzed: a progressive fallacy, assuming the death penalty is a barbaric anachronism in the “civilized” modern world and displaying a teleological belief in its demise; a classificatory fallacy, entailing defining-down the prevalence of the death penalty through the category of “de-facto abolition”; and a functional fallacy, assuming that repudiating the death penalty as a crime-fighting tool will cause its demise, overlooking its transformation into an institution serving political-symbolic functions. In concluding, I suggest viewing the global death penalty as bifurcated: dying as an ordinary law-enforcement tool, but relatively healthy as an extraordinary political symbol. Citation: Theoretical Criminology PubDate: 2023-07-19T06:39:43Z DOI: 10.1177/13624806231187376
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Authors:Joanne Wilkinson, Jenny Fleming Abstract: Theoretical Criminology, Ahead of Print. This article draws on Incident Reporting System data from the National Offender Management Service over a ten-year period (2004–2014) and limited, small-scale interviews with four custodial managers. Pat Carlen's work (2008) on imaginary penalities provides the theoretical framework for an assessment of the reporting, recording and initial response to sexual assaults in prisons in England and Wales. The article argues that the recording of sexual assaults became part of a response to new management systems that emphasised compliance, process and audit rather than realising safety in custody. Although the data shows substantial levels of initial activity among staff it is, in essence, practice without prospect. The article suggests that outcomes generally for sexual assaults in prisons in England and Wales are uncertain. Incident reporting has become a bureaucratic process ‘or paper shadow’, which Goffman described as showing ‘what has been done by whom, what is to be done, and who last had responsibility for it’ (Goffman 1961: 73). Citation: Theoretical Criminology PubDate: 2023-07-12T06:53:37Z DOI: 10.1177/13624806231184825
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Authors:Hannah Marshall Abstract: Theoretical Criminology, Ahead of Print. This article advances a theory of the ‘relative’ nature of victim status, demonstrating that whether an individual is identified as a victim is, in part, conditional on their relationships with others. Using the example of victim identification in cases of child criminal exploitation, this article demonstrates that youth justice practitioners’ perceptions of young people's peer relationships and their relationships with their families had a significant impact on whether young people were identified as victims of child criminal exploitation. To explain this dynamic, this article then further explores the conceptual nature of victim status, focusing on its transient and finite qualities. In doing so, this article begins to address the relational gap in the study of processes of victim identification. Citation: Theoretical Criminology PubDate: 2023-07-10T08:10:51Z DOI: 10.1177/13624806231186393
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Authors:Rachel Noah Hefetz Abstract: Theoretical Criminology, Ahead of Print. Confinement is a common result of conflict, and states use various mechanisms to imprison enemy fighters. This article examines practices of incarceration in times of conflict as punishment. It analyses dominant themes in how states punish those they conceive as ‘enemies’ and proposes the term ‘conflict penality’ to encapsulate commonalities in state punishment during conflict. The article then discusses conflict penality further by examining Israel's punishment of Palestinians for ‘security offences’. The article contributes to the geographical and topical expansion of punishment studies, beyond the traditional borders of national criminal justice systems of Anglo-European countries. It concludes by showing how, under the extreme political climate of conflict, states use penal power to delegitimise their opponents, yet do so through extensive normative compromises that undermine their moral authority to punish. Citation: Theoretical Criminology PubDate: 2023-06-19T03:13:17Z DOI: 10.1177/13624806231175861
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Authors:Stefano Bloch, Enrique Alan Olivares-Pelayo Abstract: Theoretical Criminology, Ahead of Print. Prisoners in the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) coordinate to circumvent full racial housing integration, revealing how “race” and adherence to the “racial code” is used as an organizing concept in carceral settings that is distinct from conceptualizations of race and politics of identity within free society. In addition to providing a review of the literature on the complexity of prison racialization, we base our discussion of racialization and adherence to the racial code on our combined experience as formerly racialized and gang-affiliated inmates, as well as on insights from informal and semi-structured interviews with prisoners who have navigated attempts at racial integration as part of the ADCRR's recently adopted Integrated Housing Program. Citation: Theoretical Criminology PubDate: 2023-06-07T06:33:44Z DOI: 10.1177/13624806231179127
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Authors:Gavin Slade, Alexei Trochev, Laura Piacentini Abstract: Theoretical Criminology, Ahead of Print. Since 2000, the prison rate has declined significantly in Kazakhstan. This article demonstrates that the Kazakhstani prison service, counterintuitively, became a key advocate of prison downsizing owing to a coalescence of norms and incentives in the 1980s and 1990s. In the process, the prison service elite maintained the loyalty of rank-and-file personnel through a focus on reform to performative and quantifiable measures of penal performance – such as rankings in the World Prison Brief – while qualitative changes to the service's identity and organization remained unchanged. Prison staff remained militarized and their livelihood and professional culture continued to be independent of the existence of prisons. In conclusion, we argue that the Kazakhstani case demonstrates the need for an integrative theory of penal change that focuses on the interplay of macro-, meso- and micro-level factors in relationally shaping the norms, incentives and opportunities of penal policy actors. Citation: Theoretical Criminology PubDate: 2023-06-07T06:32:44Z DOI: 10.1177/13624806231177020
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Authors:Annette Vestby Abstract: Theoretical Criminology, Ahead of Print. Multi-agency partnerships and intelligence-led policing are among the proactive policing strategies used to manage and prevent crime outside the criminal justice process. Drawing on narrative criminology, this article studies the co-constitution of concrete proactive policing methods and the populations and crimes that they are directed at. Further, the article illuminates the variety of distinct approaches that are understood in the studied policing context as ‘preventive’, a term found to be applicable to any police strategy or method that does not involve investigation and is not aimed at building a criminal case for prosecution. Whereas crime prevention effects are considered desirable and achievable, at least in theory, the internal organisational aim to prevent prosecution exerts an influence on how crimes as well as the crime prevention mandate are made sense of and rendered actionable. Citation: Theoretical Criminology PubDate: 2023-05-19T07:00:01Z DOI: 10.1177/13624806231173663
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Authors:Angélica Camacho Abstract: Theoretical Criminology, Ahead of Print.
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Authors:David Rodriguez Goyes, Sveinung Sandberg Abstract: Theoretical Criminology, Ahead of Print. Music is ubiquitous in contemporary societies, and criminologists are paying increasing attention to it, asserting that it takes antisocial, prosocial and anti-establishment forms regarding criminality. Established approaches provide vital ways to understand the relationship of music and crime, but criminologists have yet to theorise the fluidity of music's roles for those who have committed criminalised acts. The life-story interviews we conducted with prisoners in Latin America reveal that music's role in people's lives changes over the course of their lives in complex ways. It also frames and influences the way they talk about their own histories. Informed by repeat interviews with four prisoners, we suggest including the concepts of life courses and life stories to facilitate understanding the complexity and multi-dimensionality of the relationship between crime and music. We also demonstrate and discuss how life courses and life stories are intertwined. Citation: Theoretical Criminology PubDate: 2023-05-15T06:56:31Z DOI: 10.1177/13624806231173665
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Authors:Richard Rosenfeld Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Bonar Buffam Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Jukka Könönen Abstract: Theoretical Criminology, Ahead of Print. Notwithstanding claims about the emergence of ‘crimmigration’ systems, immigration law and criminal law entail two different sets of instruments for authorities to control foreign nationals. Drawing on an analysis of removal orders for foreign offenders in Finland, this article demonstrates that significant administrative powers in immigration enforcement are employed largely autonomously from the criminal justice system. Immigration law enables the police and immigration officials to issue removal orders based on fines or penal orders for (suspected) minor offences, without obtaining criminal convictions. In addition to disproportionate administrative sanctions for foreign nationals, removal orders involve a preventive rationale targeting future risks for the society based on the assumed continuation of criminal activities. While criminal courts adjudicate all severe offences, punitive application of immigration law enables authorities to bypass criminal justice procedures and safeguards, resulting in a distinct, administrative punitive system for visiting third-country nationals. Citation: Theoretical Criminology PubDate: 2023-05-04T05:25:41Z DOI: 10.1177/13624806231171602
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Authors:Anna Di Ronco Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Luiz Dal Santo Abstract: Theoretical Criminology, Ahead of Print. Mass incarceration is a phenomenon that emerged in the USA in the 1970s. Since then, this pattern of imprisonment has taken shape in all other continents. Nowadays, many ‘core countries’ have been able to neutralize it and, in some cases, even reverse it. This, however, is not the case in Latin America. In this region, the increase of imprisonment rates has remained intense even in times of economic growth, in contrast to the main theories on punishment developed in the Global North. Drawing on primary and secondary data, I analyse the Brazilian case and indicate three necessary steps to understand contemporary imprisonment in the country. This article is structured in three main sections. I argue first that Brazilian criminologists have asked the wrong question: rather than asking why we have high imprisonment rates now, we should first understand why we had imprisonment rates comparable to Nordic countries up to the 1980s. I then argue we should stop uncritically reproducing northern theories and understand the local conditions of possibility for mass incarceration in times of social inclusion. I finally claim we should change the focus on the players: rather than pointing out to the Executive and Legislative dimensions, we ought to better understand internal struggles in the criminal justice system, considering in particular the pivotal role of judges in the Brazilian mass incarceration. Citation: Theoretical Criminology PubDate: 2023-04-26T06:43:22Z DOI: 10.1177/13624806231169727
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Authors:Eugene McLaughlin Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Amber Lakhani Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Smadar Ben-Natan Abstract: Theoretical Criminology, Ahead of Print. This article extends the study of carceral expansion—currently encompassing criminal, civil, and immigration enforcement—by examining the role of military (and, within that, extraterritorial) incarceration. Drawing on the case of military incarceration of civilians in Israel/Palestine, which since 1967 has accounted for between one-third and one-half of the entire prisoner population, it demonstrates the consolidation of a single carceral apparatus that normalizes military detention and incorporates non-citizens detained in extraterritorial locations. Involving both institutional and spatial dimensions, the article illuminates how the boundaries of the carceral state are relatively independent of formal sovereign borders, legal categories, and institutional arrangements, identifying the military as a carceral state agency. The study thus suggests a framework for an integrated study that accounts for the actual scope of the carceral state and its paradoxical modes of exclusionary inclusion. Citation: Theoretical Criminology PubDate: 2023-04-04T06:42:47Z DOI: 10.1177/13624806231163109
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Authors:Ergün Cakal Abstract: Theoretical Criminology, Ahead of Print.
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Authors:Jackson Smith Abstract: Theoretical Criminology, Ahead of Print. Between 1984 and 2016, Philadelphia prosecutors seized over US$86 million dollars, most of it in the form of cash taken from Black and Latinx Philadelphians. These seizures of dirty money were realized through civil forfeiture, which has the unique capacity to enrich municipal law enforcement agencies while dispossessing alleged participants in the drug trade. As a civil intervention into the illicit narcotics trade, cash forfeiture is characteristic of the carceral state's increasing use of non-criminal sanctions. In this essay I argue that Philadelphia police and prosecutors mobilize cash forfeiture to assert social control over the interfaces between licit and illicit economies in Philadelphia's poorest and most racially segregated neighborhoods. Drawing from historical accounts of the racial capitalist state's disciplinary oversight of the monetary system, I show how cash forfeiture operates through a racializing framework of socio-moral remediation that reproduces the harms associated with longstanding financial inequality in these neighborhoods. Citation: Theoretical Criminology PubDate: 2023-03-20T08:06:30Z DOI: 10.1177/13624806231162608
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Authors:Andrew M. Jefferson, Tomas Max Martin Abstract: Theoretical Criminology, Ahead of Print. This article explores the notion and nature of penal duress, illustrated through analysis of martial, penal practice in Myanmar. We examine prison labour and pone-san (a demeaning, defamatory and coercive control of prisoners’ bodies) to show how these two enduring practices of domination, subjection and constraint – understood, drawing on Ann Laura Stoler, as relations of duress – animate penal practice in powerful, productive and problematic ways. Resisting the urge to view imperial forms through a peripheralising northern lens, or solely in terms of continuity and discontinuity, we pursue an understanding of penal duress as a ubiquitous, yet distinctly situated and relational phenomenon that has taken form through local colonial experiences and their afterlives. In sum, we attend to ‘processes of partial inscriptions, modified displacements and amplified recuperations’ to discuss how relations of penal duress are endured and enduring in Myanmar today. Citation: Theoretical Criminology PubDate: 2023-03-20T08:05:20Z DOI: 10.1177/13624806231162602
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Authors:Eilat Maoz, Meirav Aharon Gutman Abstract: Theoretical Criminology, Ahead of Print. This article explores how the relationship between crime and property values is reshaped by the transformation of houses into investible assets. Departing from neoclassical economics of crime, we introduce the notion of “capitalization of crime” to illustrate how crime is utilized to generate forward-looking financial expectations and shape housing markets in gentrifying neighborhoods. The study, based in Haifa, Israel, combines quantitative and qualitative data to demonstrate how investors and renters each play a role in constructing the value of crime by capitalizing crime in opposite directions. First, using a geographic information system to map crime alongside real-estate prices, we show that the effect of crime on property values is offset by prospects of future gentrification, thereby contributing to housing speculation. Second, using digital ethnography, we show how renters use “crime” to dampen investor expectations, reduce rents, and delay their displacement. Thus, our study adds to the established body of critical criminology, which examines the manipulation of crime for economic and political gains. It further contributes to emergent debates in urban criminology by explicating how the financialization of rental housing is remaking urban politics of crime and criminalization. Citation: Theoretical Criminology PubDate: 2023-03-20T08:04:51Z DOI: 10.1177/13624806231161595
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Authors:Gemma Birkett Abstract: Theoretical Criminology, Ahead of Print. The UK government's Transforming Our Justice System agenda represents an emerging system of penal governance. Its cumulative impact, manifested through the mainstreaming of virtual hearings, a system of automatic online convictions and the Single Justice Procedure is a story yet to tell, with the potential impact on marginalised women simply a footnote. Such women, well-documented victims of the legal aid cuts as well as the digital divide, must comply with and negotiate the requirements of the carceral web alone. Pursuance of the reforms, representing the next instalment in the neo-liberal justice agenda, exposes another example of life at the penal–welfare nexus. This precarious territory has burgeoned since government-imposed austerity, with implications for self-criminalisation, net-widening and social justice. Reforms couched in the language of ‘efficiency’ and ‘common sense’ are likely to run in direct opposition to what marginalised women might need (or respond well to) and may jeopardise official reductionist strategies. Citation: Theoretical Criminology PubDate: 2023-02-13T06:33:25Z DOI: 10.1177/13624806231151657