This chapter highlights how the pursuit of efficiency and cost-effectiveness through managerialism has significantly shaped the Australian criminal justice system. We argue that managerialist policies expedite procedures, potentially undermining the fundamental principles of due process and introducing systemic vulnerabilities. From flawed forensic practices and disproportionate over-policing targeting Indigenous communities to almost insurmountable barriers in appellate processes, a focus on outcomes amplifies the risk of wrongful convictions. The pressure for quick resolutions fosters plea bargaining, even for the innocent, and resource constraints within legal aid further disadvantage vulnerable individuals. In courts, restrictive appeal mechanisms, driven by managerialist objectives, impede the rectification of errors. While the mode of trial presents a complex dynamic, the overarching impact of managerialism necessitates a critical examination of its cost to justice.

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Managerialism: The Cost of Efficiency

  • Michele Ruyters,
  • Gregory Stratton,
  • Alyssa Sigamoney,
  • Monique Moffa,
  • Jarryd Bartle

摘要

This chapter highlights how the pursuit of efficiency and cost-effectiveness through managerialism has significantly shaped the Australian criminal justice system. We argue that managerialist policies expedite procedures, potentially undermining the fundamental principles of due process and introducing systemic vulnerabilities. From flawed forensic practices and disproportionate over-policing targeting Indigenous communities to almost insurmountable barriers in appellate processes, a focus on outcomes amplifies the risk of wrongful convictions. The pressure for quick resolutions fosters plea bargaining, even for the innocent, and resource constraints within legal aid further disadvantage vulnerable individuals. In courts, restrictive appeal mechanisms, driven by managerialist objectives, impede the rectification of errors. While the mode of trial presents a complex dynamic, the overarching impact of managerialism necessitates a critical examination of its cost to justice.