`Ritual Individualization': Creative Genius at Sentencing, Mitigation, and Conviction

Abstract

Judges and lawyers must regard themselves as upholding cherished values, including the presumption of innocence; free defendant choice and participation; and attention to the unique individual. Yet, everyday criminal work also demands compliance with a system of perfunctory, mass case disposal. How is this potential contradiction addressed? Conceiving the criminal-penal process as a tripartite rite of passage, the article originates the concept of `Ritual Individualization' (RI). RI's creative pre-sentencing casework accomplishes four key trans-formations in how the person is re-presented to the court for sentencing. First, the person's unique voice and personal story is revealed, exhibiting her as a freely participating individual. Secondly, in doing so, the pertinence of social disadvantage tends to be minimized. Thirdly, ambiguous admissions of guilt are translated as freely-given, full, and sincere confessions. Fourthly, the person is manifested as a culpable offender ready for punishment. The article considers new research agendas opened up by the implications of Ritual Individualization.