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Time for some shock therapy?

12 November 2021 / Dr Jon Robins
Issue: 7956 / Categories: Opinion , Legal aid focus , Profession
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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