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12 November 2021 / Dr Jon Robins
Issue: 7956 / Categories: Opinion , Legal aid focus , Profession
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Time for some shock therapy?

63502
Post-2010 & the damage done to our criminal justice system: Jon Robins reviews calls for the reinstatement of areas of social welfare law

The ‘Shock Doctrine’ thesis was advanced by the Canadian author Naomi Klein to describe the process by which governments exploit crises (disasters or upheavals) to force through controversial policies while citizens are too preoccupied to resist what would previously have been thought unacceptable. The phrase comes from the ‘shock and awe’ visited upon Iraq in the 2003 invasion and the subsequent remodelling of the country’s economy. In other words, a crisis (9/11) becomes an opportunity (mass privatisation and fresh new markets for US companies).

It’s an idea that the legal academic Dr Hannah Quirk persuasively adopts in her essay: Shock Therapy and The Criminal Justice Casualties of Covid-19 (King’s Law Journal, Volume 32, 2021–Issue 1). The ‘crisis’ is the pandemic and the ‘opportunity’ here is a chance to knobble trial by jury. ‘The criminal justice system has not been short of controversial, and mostly

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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